The URL can be used to link to this page

Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-11/9/2004 CUy Of AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Tuesday, November 9, 2004 REGULAR MEETING 7:00P.M. CALL TO ORDER Chairman Dee McNosky ROLL CALL Rich Munson, Skip Reynolds, Lisa Kenney, Dee McNosky and Ed Moore PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 12,2004 AGENDA ITEMS 1. Case A-04-012 - PUBLIC HEARING - A revised request by Kim Dellosso for a variance from the regulations of the Colleyville Land Development Code to allow a fence to encroach the street side building line on Lot 18, Block 3, Monticello Addition, located at 7810 Jefferson Circle 2. Review and Discuss - Amendment of the rules and procedures for the Zoning Board of Adjustment REPORTS AND COMMENTS ADJOURNMENT Posted: Friday, November 5,2004,4:30 p.m. Amy Shelley Planning & Zoning Assistant ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - OCTOBER 12, 2004 REGULAR MEETING: Chairman McNosky called the regularly sch ~uled meeting to order at 7:00 p.m. on October 12, 2004 /' '),. ROLL CALL Present: Absent: Staff: APPROVAL OF MINUTES Motion by Skip Reynolds to approve the minutes 0 Meetings as presented, seconded by Moore. The Ayes: Munson, Reynolds, Moo, Nay: None \ bers who were not present being: f Office to the new members being: Munson, Place 1 Reynolds, Place 2 'isa Kenney, Place 3 NEW ROLL CALL Present: ELECTION OF OFFICERS Rich Munson, Skip Reynolds, Lisa Kenney, Ed Moore and Dee McNosky Chairman - Rich Munson made motion to nominate current Chairman Dee McNosky, seconded by Ed Moore. The vote being: Zoning Board of Adjustment Minutes - October 12, 2004 Page 1 of9 Ayes: Munson, Reynolds, Kenney, Moore and McNosky Nays: None Vice Chairman - Skip Reynolds made motion to nominate current Vice Chairman Rich Munson, seconded by Ed Moore. The vote being: Ayes: Munson, Reynolds, Kenney, Moore and McNosky Nays: None ,has been the Recording my Shelley. Ed Moore ote being: Recording Secretary - Barry LeBaron stated in the past a s Secretary for the Board and he suggested nominating ne~ mem made motion to nominate Amy Shelley, seconded bY,.i~~Reynolds, .;ij~1j~1iii~;:::' Ayes: Munson, Reynolds, Kenney, MoOC~~~rMcNosky Nays: None " ~.' , 1. d voting requirements of the Chairman McNosky explained the public hearing pr Board to the audience. AGENDA ITEMS Case A-04-011 - P Steinberger for a v Addition, locate ert mos and Nick & Kathleen Lot 17, Block 5, Remington park d the case and briefed the Board members. and asked the applicant to come forward to Court, stated he is proposing to fence in a portion of his yard way and Vintage Court. He is requesting a variance to ,t on th uilding lines on both streets. He stated removing part of t1y there and creating uniformity with the remainder of the fence stated talking with his neighbors and they are not opposed to his Chairman M "y asked if there was anyone else wanting to speak regarding this variance reques. There being none, the public hearing closed at 7:18 P.M. Rich Munson questioned the homeowner if any intentions of putting a building in the fenced in area? Mr. Steinberger responded no, a couple of trees but nothing else, simply trying to create uniformity and keep his two year old twins in the yard. Rich Munson said it would be a pleasant amenity to the neighborhood. Zoning Board of Adjustment Minutes - October 12, 2004 Page 2 of 9 Ed Moore questioned the homeowner about the portion of fencing to be removed. Clayton Husband provided a diagram of the current layout on the overhead screen and used red lines for current and green lines for proposed fence lines. Mr. Steinberger responded the portion of fencing to be removed would be reused to enclose the yard. There would be no need to buy additional fencing when the part being removed could be used. 2. Rich Munson stated the appearance of the landscaping is accomplish with the homeowners. .;j;~ t the Board is trying to Ed Moore questioned the homeowner of the place showed the Board with the drawings Clayton H current fencing and proposed fencing. . fencing. Mr. Steinberger on the placement of Ed Moore made motion to approve Case made with an amendment to the reques new proposed fence. Ed Moore accepte Skip Reynolds stated he did no homeowner could do somethi characteristics of the neighborh something else should do beside st of the fence line and thought the ncing thought it would change the in the 30 ft. set back therefore nd presented the case and briefed the Board members. ned the public hearing and asked the applicant to come forward ":;;;:i~~h;., ..';;::::;::~t Kim Dellos~'~':;;;" " JI'efferson Circle, is proposing to construct a fence and is requesting a variance to . the encroachment of the 30 foot building set back line adjacent to Monticello Par ay. Mrs. Dellosso stated she has two small children and this proposal would allow the children more space. The current back yard consists mostly of pool area. This fence was approved by the Homeowner's Association by placing the fence 15 feet from the street. Mrs. Dellosso would like to place wrought iron fencing with shrubbery around the fencing. Mrs. Dellosso presented pictures to the Board of neighbor's driveway stating there would be 6 or 7 feet for visibility for exiting the driveway. Across the street, the driveway butts up against neighbors fence and their visibility is even smaller than what we are proposing. We would be willing to work with our neighbors and could cut the corner Zoning Board of Adjustment Minutes - October 12, 2004 Page 30f9 so that the visibility would be even greater. Mrs. Dellosso provided other pictures in other neighborhoods that have even smaller visibility than we are proposing. Homeowners Association said there was not a problem with the request; however the fence needed to be wrought iron with hollies placed around the fence. Chairman McNosky asked if there was anyone else wantin to speak regarding this variance request. There being none, the public hearing c10 t 7:35 P.M. Lisa Kenney questioned Mrs. Dellosso if landscaping w Mrs. Dellosso responded yes, a type of oak holly th could grow to be 15 feet tall. Mrs. Dellosso stated ~ bushes but had requested the bushes to be, 'ed inside t ,., questioned about the landscaping being don at the neighbors' fence. und the proposed fence? ture in about 3 years and " rs had approved of the ,nee. Lisa Kenney "', d see through the ,Chairman McNosky questioned homeow fence and Mrs. Dellosso stated they were in r was in agree nt with this ith this request. ,t of the bushes. Mrs. Dellosso ture in about 3 years and could , ,Moore replied those bushes ma shrub. Mrs. Dellosso stated e oak holly because they ich neighbors accepted the request? Mrs. ind them. Neighbors did not have a problem the 15 feet, or possible cutting the curb for ~"''o,. . ed' Dellosso if all 3 sides of the fence would be wrought iron and if e. t\m:iRellosso responded all 3 sides would be wrought iron and a ont -.%,.:;:. . ..:{@,;~ "':Wo' <' Ski back' . feet fro responde ", on the prope d Mrs. Dellosso if the gate would be on the property line or set of the adjacent lot. Mrs. Dellosso replied it comes about 6 to 7 y, I would have to look at plat 6 to 7 feet. Clayton Husband nee is on the rear property line tying in to the existing fence which is Mrs. Dellosso stated just a continuation of the existing fence. Ed Moore questioned Mrs. Dellosso if fencing would be an extension of the wooden fence and if pillars would be used at the corners? Mrs. Dellosso replied if it is necessary, if not necessary to use pillars then they would not. They are expensive but if that is goil1g to be requested of the Board, she would do so. Ed Moore stated the pillars would obstruct the visibility for the corner. Mrs. Dellosso stated it would be an obstruction. Zoning Board of Adjustment Minutes - October 12, 2004 Page 4of9 Ed Moore made motion to accept case A-04-012 with the exception the bushes are the same as the neighbors across the street, Nelly R Holly as shown in pictures. Mrs. Dellosso stated the oak holly is more attractive than the Nelly R Holly, yet grow to same height. Chairman McNosky stated to make motion with wordingto reflect the height of the bush not the species of bush. Ed Moore amended his motion to reflect the height of the bush not to be more than 7 feet in height. Motion died for lack of second. Chairman McNosky extended the gavel to the chair 04-012 as requested by homeowner. Motion died for lack of second. ,. :>>. .';';~:' tion tha~ . have for the ve vote:~a~e variance Chairman McNosky asked staff Barry L applicant. Barry LeBaron stated not h requested. Chairman McNosky stated app made to make more palatable f o see if other suggestions could be ft. building line and our side of the street is e difference. tion of the building code. Mrs. Dellosso stated who makes tated city council makes the decision. d without having the plats in front of me on the other lots, I can not hy the building lines vary from across the street. Skip Reyn' fence in plac . ned if homeowner built the home or purchased and did it have the .s. Dellosso stated purchased already built. Lisa Kenney questioned Mrs. Dellosso if a set back of 20 feet would work instead of a set back of 15 feet. Mrs. Dellosso replied we are willing to work with what ever set back needs to be in order to do the fence. Chairman McNosky questioned Barry LeBaron if the applicant could get a statement from the neighbor stating putting the fence at the 20 ft. set back would be acceptable. Barry Zoning Board of Adjustment Minutes - October 12, 2004 Page 50f9 LeBaron stated if the applicant so chooses. Chairman McNosky stated if item were tabled would that expedite the process for the applicant? Skip Reynolds stated he did not suggest tabling the item, the problem that the Board is having is not strictly procedural. Commented the holly bushes do not only get too tall but also very wide and may create visibility issues later down the line and problems may arise with the neighbors as to why this issue was not addressed. Iso stated he concurred with Rich Munson's statements and standing on the requ Chairman McNosky stated there are issues with plac far as height and width of bushes. h. -:q. ,;'~$; :::~'W;' ~i~~ s~~~:~~. stated he would be willing to a.f{b~the 15 foot set b Ed Moore questioned Mrs. Dellosso why y be covered up? Mrs. Dellosso stated the Association and for aesthetic r ons as well. . ught iron when fencing will to appease the Homeowner's Chairman McNosky questione changes to the variance request. very big around and it will have an " . made a motion that has some ". he bushes grow very tall and Rich Munson st would not be re compared to the street. Barry LeBaron projector exhibits. ; !-lId be willing to go with a 15 ft. set back from property line not e to be placed about 25 ft. from curb. r the r 'ord he is not saying he would or would not favor. Chair for a po the staff w ested homeowner getting with staff to suggest a recommendation solution to this proposal. Barry LeBaron stated that getting with etter idea. This being said, the motion has failed. 3. Case A-04-013 - Public Hearing - Request of Dayakar 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 City staff member Barry LeBaron presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward and speak. Zoning Board of Adjustment Minutes - October 12, 2004 Page 60f9 Dayakar Pushkoor, 6803 Carriage Lane, and builder Andrew Mica, Andrew Mica Construction Inc., presented the proposed home addition to the Board. Mr. Mica stated that the addition will be a bed and bath. The other side would not cause the encroachment as this side will; however, this portion of the house is a more appropriate place to put another bed and bath. Chairman McNosky asked if there being anyone wishing Dan Bueno, 6804 Meade Dr, homeowner directly be to the home would encroach upon his privacy. Mr. B currently had no gutters therefore the rain wate applicant's roof if very high being a two story. a negative effect on the open space. Stat stated that the Homeowner's Associatio approved it. Mr. Bueno is concerned abo approved. ts house towers over Mr. Bueno's 01. Applicant's house is already issues like Mr. Bueno with art ed this addition would have 'e on a small lot. Mrs. Hughart jcant's home is very obstructive. Structure is ajor issue with having a two story addition el even more so as a tower. Mr. Bauer has 'nage prob rom the applicant's home by adding French in lope the yard. He is also concerned about setting precedence od a b€iking the house even bigger on such a smaUlot will be less r the'.erty values. Mr. Bauer would appreciate a denial on this ~*;; c+,.~:?:"~:~ ~<.:y e Board he would be willing to move windows, what ever would s this additional bedroom and bathroom space for his family. Chairman M variance reque asked if there was anyone else wanting to speak regarding this There being none, the public hearing closed at 8:15 P.M.- Chairman McNosky extended the gavel to the chair and made a motion to accept case A- 04-013 as requested by homeowner. Motion died for lack of second. Zoning Board of Adjustment Minutes - October 12, 2004 Page 70f9 Skip Reynolds commented with the large number of signatures from the property owners, some present to represent them, does not feel comfortable with this request. He stated he does not feel that there is any animosity between the neighbors and Mr. Pushkoor, simply a difference of opinion. He also stated with the issues of deed restrictions or Homeowner's Association restrictions not being met even if the variance was granted tonight, it would not resolve any issues over the entire problem and if this were to come back to before us, it would be very significant to know the other problems that. an not deal with were resolved ahead as far as deed restrictions or concerns Ighbors or Homeowner's Associations. Ed Moore made motion to deny this request. Motion died for lack of second. , aving notified the Homeowner's act the addition will have on the Barry LeBaron orientation t conference welcome to a r and ann unced the training session and er 28, 2004 at 6:30 P.M. in the executive . y hall. All old members as well as new are e to freshen up on all procedures as well. me of the procedural problems discussed in a .pew and old members would benefit from a procedural about the session being posted and Barry LeBaron stated it rules and procedures would be addressed. d like for the work session to be considered and posted. Ed Moore suggested postponing the training until after the city council had appointed new members to fill the vacancies which would be after the October 19, 2004 meeting. Barry LeBaron stated Chairman Dee McNosky responded for the Board to wait and hear the outcome from the city council meeting filling those vacant positions and have the new Board members attend the work session if not able to attend the training session. Zoning Board of Adjustment Minutes - October 12, 2004 Page 80f9 Lisa Kenney wanted clarification of date being Thursday, October 28,2004 at 6:30 P.M for the training session? Barry LeBaron stated that is the correct time and date. ADJOURNMENT Note: As a matter of public record, an audio recordin available upon request. Ed Moore made motion to adjourn and Rich Munson seconded. The meeting adjourned at approximately 8:25 P.M. Amy Shelley, Planning & Zoning Assistant Approved on: Zoning Board of Adjustment Minutes - October 12, 2004 Page 9 of 9 .0 Texas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: November 9, 2004 Review and Discuss - Amendment of the rules and procedures for the ZoninQ Board of Adiustment At the training and orientation workshop of October 28, 2004, there was discussion regarding the Rules of Procedure of the Zoning Board of Adjustment for proposed amendment. Attached is a copy of the Rules of Procedure adopted by the Board on September 17, 2000. Staff has marked three suggested changes for your consideration, which are explained as follows: 1. Page 1, Section 101 - Delete the last sentence regarding the automatic moving up ofthe senior alternate upon a Board vacancy. The City Council fills all vacancies occurring on the Board in accordance with the adopted rules of the City Council. 2. Page 1, Section 102 - Change the procedure for designating the Executive Secretary. In the past, this appointment has been made by the members of the Board. 3. Page 2, Section 301 - Delete the word "tape" from the second sentence. Recordings of the Board meetings are made with a digital electronic device instead of a tape recording machine, The Board may wish to discuss other changes to the Rules of Procedure. It will require formal action of the Board to approve any changes to the Rules of Procedure. RECOMMENDATION Approval as presented, subject to any additional changes proposed by the Board ATTACHMENTS · Rules of Procedure Prepared by: Lg~ Agenda Item No.2 - Page 1 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. U' a FEl~l;Ilar memBor vaGaFley @GGI;IFS, tRe seFli@r altsfFlate '::i11 fill Ris ~@siti@FI aFle tRD City C@I;IFlGiI v/i11 @~~@iFlt aFl@tRsr altemato. 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 Gity's GRiof OXOGl;ltivo stAGor Board shall designate Ris fe~fesEmtati'ID a city staff member to serve the Board as EXOGl;ltivB RecordinQ 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 E}(ElGl;lti'JO RecordinQ 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 of 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 ,. Rules of Procedure City of Colleyville - Zonina Board of Adiustment 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 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 EHEl€ll;Jti'.'o Recordinq 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 councilor 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 City of Collevville - ZoninQ Board of Adiustment 302. Recordinq 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 EX€l8\;fti':e Recording 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 Required 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 and/or 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 Colleyyille - Zoninq Board of Adiustment 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 E)H~el;lti':o Recording 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 scheduled 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 shall 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 4 Rules of Procedure City of Colleyville - ZoninQ Board of Adiustment his agent as provided in paragraph A, above. The notices shall identify the affected provisions of the Land Development Code. 407. Submission of Evidence Evidence supporting the grant or denial of an appeal shall be submitted only through the ~x8€lMti'JO Recordina Secretary or to the Board in public meeting. 408. Withdrawal of Appeal Any appeal may be withdrawn upon written notice to the Iix8sMti'lEl Recordina 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 HearinQs 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 1i}(9sMtive Recordina 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 HearinQ 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. 5 Rules of Procedure City of Collevville - Zonina Board of Adiustment 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. 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 alternate 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 E)(El€lwtivo Recording 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 6 Rules of Procedure City of Collevville - ZoninQ Board of Adiustment 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. 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 22nd day of August, 2000 s/Dee McNosky Chairman s/Jan Levy Q9ar€J Recordina Secretary Filed in the Office of the City Secretary this 17th day of September, 2000. stJean Harris City Secretary City of Colleyville, Texas 7 Rules of Procedure City of Collevville - ZoninQ Board of Adjustment 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 or 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 Colleyville - 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, 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. 9 Rules of Procedure City of Colleyville - ZoninQ Board of Adjustment APPENDIX C TO THE BOARD OF ADJUSTMENT RULES OF PROCEDURE: VARIANCES C-1. 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 governing the 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: November 9,2004 A-04-012 - PUBLIC HEARING - Revised request by Kim Dellosso and Uton Dellosos for a variance from the regulations of the Colleyville Land Development Code to allow a fence to encroach the street side building line on Lot 18, Block 3, Monticello Addition, located at 7810 Jefferson Circle Revised reQuest (11/09/04) On October 18, 2004, Mr. Uton Dellosso submitted a revised request for a building line set- back variance on their residential property located at 781 0 Jefferson Circle. You may recall that the applicant's original request for a 300 foot side yard variance failed to receive the statutory four affirmative votes of the Board at the October 12, 2004 Zoning Board of Adjustment meeting. The applicant's revised submittal is includes a requestfor a 21.5 foot variance from the set-back requirements on the side of the lot facing Monticello Parkway to allow the construction of a new 6-foot tall wrought iron fence with brick columns fence on the side of the house adjacent to Monticello Parkway. The lot is platted with a 30 foot building line adjacent to Monticello Parkway. The Dellosso lot is a corner lot, with a platted 30-foot building line on both streets. The front of the house faces the wide portion of the lot adjacent to Jefferson Circle. Due to the placement of the house on the lot, the rear of the house abuts the side property line of the adjacent lot to the south of the Dellosso's property. Attached is a copy of the letter from Mr. Dellosso, which further explains the applicant's revised submittal. Mr. Dellosso has also submitted a list of examples of residential properties with similar side-yard fencing situations. Copies of emails and the additional correspondence received regarding this variance are also attached, Attachments 11/09/04 Applicant's letter of October 18, 2004 Location Maps and aerial photos List of property owners nO~ed P,eparedby TI~ J!cL Barry LeBa on AICP Development Director Agenda Item No. 1- Page 1 SUMMARY & COMMENT COriainal reauest - 10/12/04) 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 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, Staff mailed notices to 17 adjacent property owners regarding the variance request. One em ail 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 Agenda Item No.1 - Page 2 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 Agenda Item No.1 - Page 3 Uton & Kimberly Dellosso 7810 Jefferson Circle Colleyville, TX 76034-6850 (817) 514-2012 October 18, 2004 Barry LeBaron AICP lebaronb@ci.colleyville.tx.us Development Director Colleyville, TX (817) 503-1052 Dear Mr. LeBaron: is a request for reconsideration regarding our application for a variance on our property located on Lot 18, Block 3, Monticello Addition with an 7810 Jefferson Circle. October 14, 2004 ColleyvilIe Zoning Board of case number A-04-012. on the East side of Monticello Parkway (our side yard) have a 30 foot build line was established when the Monticello addition was built the 1980's. The West side of Monticello Parkway has a 15 foot build line. understanding from our HOA and neighbors that the original builder had the to re-plat the East side of Monticello Parkway, but did not follow through it at the time. We (The Dellosso' s) would like to resubmit an updated plan to request a variance for our planned fence. This updated plan has been discussed and is approved with our neighbo~. Given our odd shaped unique property, we where left with no back yard. We want to enclose part of our back and side yard with a fence. This fence would provide a safe playing area for our 2 and 3 year old children. We bought dur house almost 2 years ago. This house sat on the market for almost 2 years because it has no back yard and varies greatly from the other homes in our neighborhood that all have ample back yard room with fences. In our neighborhood, there are numerous other homes on comer and side lots that have fences enclosing their back and side yards with encroachments much greater than our request herein. We where sold on the house because we had the foresight and vision to extend the fence out; hence enclosing the back side yard into the back yard. The bank that sold us the house even used this selling point with us. Also, we have been told by numerous neighbors that the previous owners of our house had already received full approval . . .\.late to a 25 foot encroachment. ....................... October 19, 2004 - Del/osso Page 2 We are requesting approval for a 6 foot wrought iron fence to border our back and part of our side yard. However, if a shorter fence would be helpful in approving our application we would be willing to go with a 5 foot fence that would then need approval from our HOA. As we have observed, any fence smaller or larger would not be aesthetically in-line with our neighborhoods landscaping. Also in-line aesthetically for our neighborhood and in our plan is to have decorative Oak Leaf Holly Bushes. These bushes where chosen because of their attractiveness and their tendency to grow wide rather than up. We plan to have 21 of these bushes center 6- feet from each other. The distance we are requesting the variance for the fence is a 21 ~ foot encroachment from our established build line. We have a 25 foot encroachment approved by our HOA that is in compliance with our HOA's Covenants and Restriction (C&Rs). We feel that we are being good responsible citizens of Colleyville. We have spoken to our neighbors, received permission from our HOA, and feel this fence addition would increase the attractiveness of our house and neighborhood as well as the value. We feel that special circumstances apply because we are in a neighborhood with an average lot size of~ acre, of which all homes except ours can enjoy most of that ~ acre. Weare unique in this neighborhood because of the lack of back yard, but only because we are the only home in this neighborhood that hasn't enclosed their back side yard. Numerous examples exist in our neighborhood and throughout ColleyVille that have fences that border our streets much closer than what we are asking for here and many of those fences throughout Colleyville where unapproved fences. Please find inserted into this letter a few pictures that show the area we wisb to enclose with the fence. The planned fence is marked with orange cones, in the attached pictures, showing the visual aspect of the requested 21 ~ foot encroachment from the property build line. Sincerely, Uton Dellosso Kimberly Dellosso CC: Dee McNosky - ZBA Chairperson Clayton Husband - Development Coordinator Enclosur~: Pictures inserted here 1:>elow October 19, 2004 - Dellosso Page 3 October 19, 2004 - Del/osso Page 4 Examples of Residential Properties that vary from the Land Development Code: All examples below fall under section 3.26.D section 2, provisions a, b, c, and d which requires a 15' set back from the property line unless a waiver (variance) was agreed to. The Hills of Monticello - HOA examples; 1. 7810 Jefferson Circle (Requesting Party-Dellosso's) - requesting a waiver of8.5' from property line. Provision a. 2. 7900 Jefferson Circle - setback of9' from property line. Provision b & c. 3. 7603 Lincoln Ct. (comer of Charlottesville & Monticello Pkwy)- setback of 4' -5' from property line. Provision c. Also waiver needed for 3.26.C section 3 & 4 (Obstruction Prohibited & 25' Visibility Triangle Requirement). Wood fence. 4. 205 Charlottesville (on the comer of Tillman Hill) - setback of5' from the property line. Provision a. Wood fence. 5. Others, but not nearly all, in Monticello sub-division. 5.1. 309 Charlottesville. Wood fence. 5.2. Front entrance of Monticello sub-division. Concrete wall. Other examples, but many exist; 6. 71?9 Cedar Ct. (comer of John McCain) - setback of 0' from property line. Provision a. Wood fence. 7. 401 Vintage Ct. (case A-04-011) given an approval at 10/12/04 ZBA hearing. Received 7.5' setback waiver from property line and Obstruction Prohibited and 25' Visibility Triangle waiver. 8. 1104 John McCain 9. Comer ofE. Glade Rd. & Bransford Rd. Setback of minus ~5' . The City of Colleyville fence installation. 10. 511 Remington Ct. 11. 411 Country Place 12. 408 Country Place 13. 6400 Kentucky Ct. 14. 317 Oaklawn Dr. 15.210 Hayes Ct. 16.211 Hayes Ct. 17. 6000 Chestnut Bend 18.5919 Chestnut Bend 19.210 Gallant Ct. 20. 205 Capriole Ct. ,.- ----- \ ",-",' ~7' :L- ' '~ _u_ / / M '<" 39r 'v( '-, -----~ '~~"'" 13.140@ //II~.\ c-~9bcC (]""'~~' \ . .~ '--_u~ / \ ')..\.> C / Q \ . 5 ~-~::~_u_u--1 . 1\ ----- ( J D O"G~ 14! ') '--, "---"'--...... rr-.. i ~\, ---- ~ C' " S '{ i ~-T~ :, ~. ,\,-\1 , ! 13 / / ~ . y- S\l~~<J'J " 12 / / / ~ "_ \ ~ i / 11 / / / ~~~1:4@::" ' I / / 10 / / . tLl:Yvll,tl!, ...;{ ! / / 9 /-.......... I . 30 ! ' It' UI/ C/f5 I / 8 ~ I I" 29 / If P "'- 28 / "'- / / 7 / 27 .. " 21 15 21 20 \.. I ,---- ~ \.. / \21 C1 23 / I 17 I I 18 \ I i 12 I \ CT \ 25 / I i \\ / 15/ 14 I 13 12 26R \j 10 i 4R I B.1~4 0 i I I 24 25 \ 26 C1 ~ ~\ iii ;:::. ;;: ~ QJ 0 0 0 .. y, <Il <Il ... ... ... ... '" ... 2l ;:.. ~ '" '" '" ;0 ... ... .n ... .... '" N N '" ;0 ;,. ~ 'on ... ;0 ;0 ... ':? "" N '" <Il '" N ~ ... M ':' ~ ? ~ ... ,., ~ '" " ., 0 M ':' '" .; .r. .r. ;.. ;... - <J '" N QJ 0 ... N ... ... '" <Il ... a- ,., ... on a- N N .... ... N ... <Il ... ... M '" l' N ... '" P II> 0'" '" M <Il 0'" ... '" ... N N 0 N . . . . . . . . . . 0 0 0 . a . . 0 . 0 :2 .... a- .... '" N ... N N ... '" ... ... N .... M N .... ~ ... <Il :: ... <Il ~ N 0 '" M 0 M 0 N ... 0 ... '" 0 ... N M "" - ... ... 0 ~ o o LO o;;;t o CO <.0 CI) o o r-- w o o l() o o o l() w - N ~ . ~ ~ ~ 00 ~ ~ ~ ~ ~ :: :2 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~~ NHC) .-+ ~~~ ~g ,eg'29/ 3, bo,g202es .JI33b'':; ;::4.J o ,00 001 o . o /31 C\J-....: II C\J ' N 87030100 E ~ I 160.00 9/8 - 0_ 00 1.00 '\t ' o '\t ())o Cl)W c c C\ <.C lL. v o o o r 0 o _0 o 0 I U) 0 Q / ~/ , , !!2 o CO 'V C\J " ~....' <D "'I ::/ V 18,0, j t: ;; (9 ,! f 9 ~ 91 [2 L.9~o68 ~-olID1! I a NV^ ' ~ - -:?6""'j7"-~iij'~' ~I ! 19--f?~l ~-~) , $ tOl ....27\ !~ 0 ~ f' ...... :-- rT': ~ - ,- (\j - .~ ..1\ - __~~~I ~=-\__ -! IfC>Z;\\.LIC~~;"\-,:_ -. j'l') ^I ,1. . ~ ~ ( Page 1 of2 Clayton Husband From: Mahesh Tharoor [tharoor@yahoo.com] Sent: Tuesday, October 19, 2004 7.43 am To: Clayton Husband Cc: andrewsorrell@cs.com Subject: Fwd: Case # A-04-012 Dear Clayton We have met with the Dellosso's in regards to the above case and have agreed for the new wrought iron fence to be constructed 18.5 feet from the curb. We have also agreed that the bushes being planted along the fence to be maintained between 6-7 feet tall. We feel this agreement will be the best situation for both parties and will allow the Delossos to have a much needed backyard while maintaining the safety and curb appeal of our beautiful neigborhood. Thanks Mahesh and Anjala Tharoor 7801 Monticello Pkwy Colleyville, TX 76034 (817) 514-7372 Mahesh Tharoor <tharoor@J'ahoo.com> wrote: Date: Sun, 10 Oct 2004 17:22:05 -0700 (PDT) From: Mahesh Tharoor Subject: Case # A-04-012 To: husbandc@ci.colleyville.tx.us CC: andrewsorrell@cs,com Dear Clayton, Re: Case # A-04-012 Our house borders Kim Dellosso's property and will be directly impacted by the 6ft wrought iron fence proposed by our next door neighbors, While we support Kim's wish to build a fence on their side lot, we formally object to it's proposed distance from the curb, which we have been informed is to be 10ft. With the planting of hollies outside of the fence this distance will then be narrowed further to approximately 5 ft from the curb. For us, the closeness of the fence to the curb and it's direct impact to our driveway is a safety and curb appeal concern for our house, It will block our view of the street in order to exit our driveway. This is especially serious for us as we have small children who routinely ride bikes and need a clear view for their exit. Additionally, the fence distance does not meet the current guidelines of the Monticello Homeowner's association which is defined as 25 feet for Colleyville. These guidelines protect the appeal and dimensions of the neighborhood and we strongly feel they need to be abided by. We will support a wrought iron fence being built at a distance of20 feet from the curb. We feel this will provide a win-win solution for all. Our request is that the fence be wrought-iron on all sides (the fence alongside our driveway as well as the curb). We also want to ensure that the bushes to be planted alongside our driveway be within the fence and not be planted on our property line. 10120/2004 Page:2 of2 We also understand that no request has been made with our Architectural Control Board by the Dellossos for the building of this fence which definitely extends beyond the current C&Rs side yard build line. Our understanding is that such a request needs to filed with the Monticello Homeowners Architectural committee and asked to be informed when this takes place, Sincererly, Mahesh and Anjala Tharoor 7801 Monticello Pkwy Colleyville, TX 76034 Do you Yahoo!? vQt~,yf!hQ.9-,,~Qm - Register online to vote today! Do you Yahoo!? V:Qt~.-yahQQ.com - Register online to vote today! 10/20/2004 7807 Jefferson Circle Colleyville, TX 76034 October 12, 2004 J. Clayton Husband AICP Zoning Board of Adjustment City of Colleyville 100Main Street Colleyville, TX 76034 Dear J. Clayton Husband AICP: As per your letter and I would like to provide my input to case number A-04-012. I have spoken with the Dellossos and reviewed a copy of their survey plat. I feel that their request is reasonable and in line with other properties in the neighborhood. As a member of the Home Owner Association Board, I recently reviewed a request with the President of the HOA and we approved the construction ofa similar fence to be within the architecture requirements of the covenants and restrictions of the HOA. While I am not familiar with the city requirements of this fence, after talking with Mr. Dellosso, he assured me that he will be sensitive to the impact of the appearance to the subdivision. So I feel he should be granted permission to proceed. Additionally, his plans to use a professional landscaper, utilizing wrought iron fencing and complementary shrubbery further assures me of his sincerity to work within the spirit of our C & Rs . I therefore feel the request for variance should be approved. Respectfully, W. F, Meisetschleager RECEIVED NOV 0 1 2004 Per ...~....... i Page i of2 Clayton Husband From: Don_ Quirin@rlicorp.com Sent: Friday, October 29, 2004 10.17 am To: Clayton Husband Subject: Dellosso, Kim and Uton - Case # A-04-012 Dear Mr.Husband, We have received a second notice from the City of Colleyville regarding the Dellosso's request for a variance to put up a fence (Case Number A-04-0l2). My wife and I both attended the City's last meeting and were surprised that an approval was not given at that time. There was a very similar case immediately preceding Kim Dellosso's presentation that did receive an approval from the City Board. The details that I heard were very similar to the request subsequently asked for by Ms. Dellosso, The board members who objected did not seem to raise questions or objections prior to the Board Chairman asking if anyone in the audience had any pros and cons to discuss. Since the Board has just approved a similar request and gave no indication that they would disagree with Ms, Dellosso's presentation, the Board Chairman then asked for a nomination to approve and second. I had even noticed one of the Dellosso's neighbors, Mr. Jeff Walls depart the meeting room prior to the invitation for audience commentary. This indicated to me that Mr. Walls must have been satisfied with the presentation just as my wife and I were pleased with what we heard. The Board's disapproval left me somewhat confused. I'm a third party viewing the meeting. It would seem that the members who had objections would have raised them as the project was being presented. They raised questions and issues during the previous presentation that evening. Ms. Dellosso repeated over and over that she and her husband were more than willing to adjust their plans in order to cooperate and satisfy any objections.Ms, Dellosso's presentation was informative, not confrontational, and would seemingly have been a good time for any objections or apprehensions to have been aired. At the time that we attended the City's meeting, my wife and I thought it strange that questions were being raised by Board members about the type of greenery or bushes that would be used. Prior to this meeting, our Q~ighl:J!}.Lhood Homeowners Association had already approved the Dellosso's plan. I truly think that the members of our neighborhood Homeowner's Board are much more familiar with the Dellosso's property and how their plan will fit in with our Homeowner's goals for neighborhood beauty than the City Board. My wife and I live directly across the street from the Dellosso's property,We have reviewed their plan and do not have any apprehension about supporting their request. They maintain their property, both "in and out" as a couple who take pride in their home. Their plan should add beauty to the neighborhood and also provide a safe playing area for their two young children. We are in favor of their proposed fence and landscaping as outlined in the Plan that they have submitted to the City Board. Sincerely, Don and Pat Quirin 7811 Jefferson Circle Colleyville, Texas 76034 10/29/2004 Page 2 of2 817-577-9418 Home 972-677-2147 Work 817-313-0957 Don Quirin Cell Number 10/29/2004 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