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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-12/14/2004 city Of ll@ TexaS AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Tuesday, December 14,2004 REGULAR MEETING 7:00 P.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 SWEARING IN OF NEWLY APPOINTED MEMBERS Larry Knox, Alternate 1 Uton Dellosso, Alternate 2 AGENDA ITEMS 1. Case A-04-014- PUBLIC HEARING - A request by Don Wilson for a variance from the fence regulations of the Colleyville Land Development Code to allow a fence to extend beyond the building line to match existing columns and fencing. REPORTS AND COMMENTS ADJOURNMENT Posted: Friday, December 10,2004,4:30 p.m. Amy Shelley Planning & Zoning Assistant ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - NOVEMBER 9, 2004 AGENDA ITEMS Present: REGULAR MEETING: Chairman McNosky called the regularly sch 7:00 p.m. on November 9, 2004 Staff: Rich Munson, Lisa McNosky and Ed Barry LeBaron a Skip Reynolds, Dee ROLL CALL APPROVAL OF MINUTES Motion by Skip Reynolds to approve the minute seconded by Ed Moore. The vote being: SWEARING IN OF NEWLY APPOINT Amy Shelley presented t ed request by Kim Dellosso for a variance ^ elopment Code to allow a fence to encroach n Lot 18, Bloc' , Monticello Addition, located at7810Jefferson taff member B ~. Cha~.. ;~ McNosky op speak~:::::;:'';';'^. . '~~..~ ~~"o Uton Dello~'^", ap Ii ~.' 7810 Jefferson Circle, is proposing to construct a fence and is requesting a ^. allow the encroachment of the 30 foot building set back line adjacent to Monticello Pa. Mr. Dellosso stated they have 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. Mr. Dellosso would like to place wrought iron fencing with sl1rubbery around the fencing. Mr. 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 is up against neighbor's 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 so that the visibility would . ~~ ~'::;~:" ...'<'~" +,,~+ .,.:~~%~~. LeB~resented the case and briefed the Board members. d the public hearing and asked the applicant to come forward to Zoning Board of Adjustment Minutes - November 9, 2004 Page 1 of 5 be even greater. Mr. Dellosso provided other pictures in other neighborhoods that have even smaller visibility than they are proposing. The 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. Mr. Dellosso stated he had reviewed the Land Development Code and this variance request was not an unusual request and did fall within the guidelines of the code. He stated they are requesting an 18 % foot variance from the curb,:.. He also noted the various emails that were provided for the Board that are in favor of th~:ili~e. ,:~:::~::?:y ,..... -j,." Chairman McNosky asked if there was anyone else wishil} . . ak regarding this variance request. There being none, the public hearing c1osed$:~ . ..~.~b: ~. '>>-'~~' ~ ~~~~:~>~ Ed Moore questioned Mr. Dellosso if the wooden,* .ing would b'~~t;~nded with wrought iron fencing? Mr. Dellosso stated correct. ....'if:;:... Skip Reynolds questioned Mr. Dellosso if about the plan? Skip Reynolds noted the Ie What accommodation did you make for the n spoken to them and discussed ha' to put the f of the tree that is currently there:" 1I0sso stat bushes to be placed inside the fe ,-! they W opposed to the bushes. v. rs had writte omplaining were provided he packets. r. Dellosso responded they had % feet instead of 15 feet because " neighbors wanting the proposed J~tsee the wrought iron fence as ..:.~"''o;'"'' ". " Chairman McNosky. . ,.the driveway with the wooden . Mr. Dellosso stated correct. ~.ain; the.new fencing would be wrought iron. x ed if the bushes would be maintained. Mr. bushes to keep them neat and clean. He ant to maintain the beauty of the community. , ',oncerns with the neighbors have been addressed and she quest. ncurred with Chairman McNosky and made motion to approve ore seconded. "~~':::::~~ The vote belnm-::t:..;: ;:'- '>~~"*:" ~~"v . <_ Ayes: Moore:'::~~:-oskYJ Kenney Abstain: ReynoldS;: Nay: Munson Mr. Dellosso questioned why Mr. Munson voted no. Mr. Munson stated he would accept the 15 foot variance, not the 18 % as requested. Mr. Munson appreciated the additional examples however; the examples may have required additional circumstances that went with those particular requests. Mr. Dellosso stated he knew some of those circumstances and Zoning Board of Adjustment Minutes - November 9, 2004 Page 2 of 5 stated such. Mr. Munson stated the 15 foot set back would be enough. Mr. Dellosso stated he would need more than the 15 foot because of the tree that is in the 15 foot zone. Skip Reynolds questioned staff if the homeowner only came out 15 feet, he would not have to come before the Board for a variance. Barry LeBaron replied there is a provision in the Land Development Code that states the side building line takes precedence over the zoning 15 foot set backs. Skip Reynolds stated looking at the side yard; can t nce be built outside the building line without the variance? Barry LeBaron stated Id not build without the variance. Skip Reynolds stated to the homeowner that we the staff for reference and he can better understand the code. " Mr. Dellosso questioned Mr. Reynolds why he ab responded that abstaining from the vote is a mor' also stated that this request is not the same a, other Board members and said the 15 foot v : stated he would get with Barry LeBaron to g':> d. for Mr. Dellosso to come before the Board wi' and would address the other issues. He also sta help with the placement of the fe . r. Dellosso the guidelines and clearly state _ code an request. ote? Skip Reynolds to this request. He he respects the . Mr. Dellosso '. olds stated is request is special? It is a rectangular lot. , ide yard would be the only way to increase _ ..y:- he vegetation along with the fencing would be ce would affect the tree in the proposed area? Mr. Dellosso this side of the tree closest to the house. Mr. Dellosso for clarity; the tree would not have to be removed? ? ed no, but it would not be in harmony of the placement of the " d but the tree would not have to be removed. Mr. Dellosso stated we are here. To place the fencing on the 15 foot line from the d not have to be here asking for a variance. Chairman McNosky stated, with the drawings provided, about the lines where the fencing could be placed without a variance. However, because the homeowners are asking for the 21.5 set back, a variance is needed. Chair stated a 15 foot set back would be better. Skip Reynolds stated that whether or not the builder could have replatted the property or not does not make a difference here, because it was not replatted and will not be. Lisa Kenney stated she would be moved to make a motion to approve this request because Zoning Board of Adjustment Minutes - November 9, 2004 Page 3 of 5 ."~.~___' . ......_____M--..-.. there are other examples that fall within the neighborhood and will not stick out from those neighbors. Rich Munson stated special exceptions do occur and the Board is permitted to work with those exceptions, however there has not been a compromise from the homeowner's request since the last request, actually its only 3.5 feet less. There are no special characteristics about this lot making me want to change or push the fence line...::: . .,( Dellosso stated he has alternative ways to construct the fencing. . . . Chairman McNosky stated other lots may be zoned the s therefore would not fall within these restrictions. Chai " " entertain another motion for this request as state Dellosso would need to get with staff, Barry upo Mr. Dellosso questioned if Skip Reynolds w request were on the table? Skip Reynolds this request and having Mr. Dellosso come n questioned if a vote in favor for the 15 foot from tonight? , t are platted differently and y stated that she would osky also stated, Mr. encing. cceptable and desirable to you? He stated o requested. Mr. Dellosso stated he would e of the winter season approaching. Chairman . ...osky t ,oil for the amended vote stating the 15 foot set back. ~":::;;if;1;~:::.. ...;~;;;:;;;~;ii:::' The vote belng:<::;:::;;::>::.::;:' Ayes: Munsolimi(enney, Reynolds, McNosky and Moore Nay: None 2. Review and Discuss - Amendment of the rules and procedures for the Zoning Board Adjustment City staff member Barry LeBaron presented the discussion to the Board members with the Zoning Board of Adjustment Minutes - November 9, 2004 Page 4of5 changes as follows: 1. Page 1, Section 101 - Delete the last sentence regarding the automatic moving up of the 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. REPORTS AND C 2. Page 1, Section 102 - Change the procedure for designating the past, this appointment has been made by the member Executive Secretary. In e Board. 3. Page 2, Section 301 - Delete the word "tape" from t the Board meetings are made with a digital electro . machine. ~ sentence. Recordings of . ad of a tape recording Skip Reynolds questioned about the languag.' " stated what the application must accompa .' were discussed at the work shop have bee n can be moved. Skip Reynolds rocedures for the Zoning Board of The vote being: Ayes: Kenney, Re . Nay: None urn and Rich Munson seconded. Vote was unanimous. , oximately 8:15 P.M. Amy Shelley Planning & Zoning As Approved on: ---- Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes - November 9, 2004 Page 5 of 5 (Q.~ TexaS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: December 14,2004 Case A-04-014 - PUBLIC HEARING - A request by Don Wilson for a variance from the fence regulations of the Colleyville Land Development Code to allow a fence to extend beyond the building line to match existing columns and fencing SUMMARY & COMMENT Don Wilson is the owner of a lot located at 5102 Montclair Drive. He also owns the property to the south, located at 5106 Montclair Drive, which is his primary residence. Mr. Wilson 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 40-foot building set back line adjacent to Montclair Drive. The owner is requesting a variance to allow the encroachment. The property in question is 1.76 acres in size. The owner proposes to construct a new fence on the front property line on Montclair Drive. The proposed fence consists of 9.5-foot tall stone columns with precast caps, and wrought iron panels constructed between the columns. The fence would extend across the entire frontage of the property, and tie into the existing fence of the same design on the lot to the south. The Board unanimously approved a variance for the fence on the adjacent lot on January 13, 2004. On the north property line, a portion of an 8-foot tall black vinyl chain link fence will connect to the proposed stone/wrought iron fence. Since the proposed fences would encroach the 40- foot building line, the applicant has requested a variance to allow the fence construction. A diagram showing the proposed location of the fences is attached, There are other fences currently under construction around the perimeter of the property. An 8-foot tall wood fence is being built on the rear property line and a portion of the north property line. An 8-foot tall black vinyl chain link fence is also being constructed on the north property line. These fences do not require variances. 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 email has been received regarding the request, and a copy is attached. Agenda Item No. 1- Page 1 CONCLUSION There are other screening walls which have a similar appearance along other portions of Montclair Drive. Some of these screening walls serve as subdivision perimeter screening walls, and others enclose front yards. The proposed screening fence does not appear to create any traffic visibility issues on Montclair Drive. It is the opinion of staff that 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 · Application for variance · Location Map · Fence Location and Detail · List of property owners notified · Correspondence Prepared by: ~ ~ 1>-t... Barry LeBaron AICP Development Director Agenda Item No.1 - Page 2 ~~ Tell.- ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville. TX 76034 817.577.7587 +APPLlCANT J)2':i._W.L~~!:l_,_...._....___..,__._._.,.., Telephone No. 8.'-Z~_~1E~~ Fax No.._____..__.._______' Address _-2~z- IY}!!N t.~!::! ; '!- _.______...__...___._....._...,.._._.'...____..____._.-.--.---...--,---..---....---.--------------.'-.-.'..--,- City --~l/~'f/!_gE---...--------------.--..----.----.-.,.-..-_ State..ZEX1!....___.___ Zip Code l/:!?,s4- ._.,_.__., Applicant's Status: (check one) a Owner a Representative D Tenant + PROPERTY OWNER _~~~____._..__,____.._..______________._ Telephone No. 8.1?'~40./d.-IL) Fax No. ____.__ Address SiD Z MOAJ7C'W Ii!. .---...--.-.---.--.........---....-...-...-------....----..........-....-..--...-.................--.....--..-.-......-----..-....-..-.------.-.--...--..-........---.-.--..--..-------------_..-...__....__.__._.__..._~._--_..._- City {pI (o/~/~t __,___.__,___,___.__._.._______'__________ State _Tb0S___.____ Zip Code ?~~__.__._._,_ Ownership Status: (check one) ~ndividual D Trust D Partnership D Corporation //K~ntS~~!::'.fYJ4f h;'~~e )~L ~~~nature 4Jr 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 Street Address or LocC)tion Slr:?le.__~~r{;..k?!.!.~___,.__..,_.__.__,..___...._________..__--..-,----..---.-----,-.-.---..--. Legal Description _.Y2rJ}~l,.:..b.f,~~!1~T.J~,t~t3D1yt~~Q~~L___,______,_,_____----------.-----' Present Zoning .l/;J!P:!!!.!..~cj~,.,____._.'^_________.______ Present Land Use _};E.SID~I~d.'-' __.__,____._ Status of Project: ~Proposed D Under Construction D Existing Have you applied for a building permit? a-Yes D No BOARD OF ADJUSTMENT OFFICIAL USE ONLY Have you filed an appeal or petition on this property before? D No DYes Case Number A~J)q-o/~ Hearing Date .J#L~_(Q_L-,_ Action D Approved a Approved with Conditions D Denied Conditions ___..~_..__._..._...._._._~...___.__._.__.___..._m__.._........__.._............_..___.............H.________..._.._.......-----...--......---......--....--..---..-----........--....---..----.-.....-.--.------....-..-.......-----.-....-----..'...'---" .__.__._.._.._.___._.....__.__._..__......._..............._....___..............___.__.__......_...._....._...__........__.........__...._.........._...n......_........................._................___.._........................._.........................._........_m__._-.....-...--....-........-..........-.-.-.........-....-............._-._.--.....~..._...._-....- _.......__.___..___......._.__..._......___.__..._..____....._._...._.....___..._......__.._m_..._....~..__................._.......m...m......._......__..._........._____.___...,......._~_..._...._.._...-....-.-..........--..--.---.-.----...-....-....--.------.....-.-----.....--....--.-.--.-.------ -......_....-....._...~._...-.....~_.....-.._-_....-.........._..._.._._.................__...~...._..._...._.._............._......~..~............_........._._-_........_._..._...~..__..._..._---_._.~_........_------_.__._--_._----_.._.......~_.--.....-.-.......-.---..-.---....--.......-.......-..-..-.-............ .......-....................--.--.........-..-...-.-...-...-.......-.......-.---.......-...-.-.....-.......----..--........-........._.........._-~_.........._.~._-_._-_..---_..~_...._._......_.-.....--....---.---....----.---...-....-----.----.....---...--_.._...._._--_.__.__..~.__.._.. Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary .~-~--_._---_._..._"..__._- - ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 . 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. ~Il~t 10 cxf&JQ_Co!:-U/V1~.i.fEA!PJ.~___________ S::-~~/~~~~~~=~~~=~==-~=~=~======-= 2. Do similar conditions exist in the area? Explain. _1re.J--~f;~1..))~f.-. _~______,___________.___________ 4. Is there any way to do what you want without this request? ~________________,_,________________,___"__,____ .._-_._----~_._--------_._._._----------------- ----..------.-.. Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Zoning Board of Adjustment action does not constitute the approval of a building permit. Applicant's Initials &____ Date //)f!r- APPLICATION FOR VARIANCE CV - 410 (MARCH 03) Location Map N + No Sca;e City of Colleyville I .. I ~ I I I: (j)~ I . ~! , Ii I %~ I . I ,a 0% . .... -I . .....-: Cj!I . - I I; 0 . 0 . I:) . I:" \l I ~ ~ . , , . . . I . I N 89'58 '21 "W 529.98' @ (71.567SO' n, QIl 1,$4JO ACRES) ~ ...., Q;: ~ ~ ..... '<t ...: t.: ~ .~ ~ !! .... ~.~. ~liJ ~ .., ? 8 ~ Fence Location and Detail 'U ;0 o "0 JT1 ;0 -l -< r Z f"1 \ \.... N[\.! >".I_ALL [Xl Water Meter \ '-- PROPERTY LINE </ \ </ A,.,""'I po,aml 51 06 tv/O;v TCLAIR OF~I VE ./ ./ !:~XT::l'IN!3 ....__...J/k.- ~~L\v I ~ 1-<::-6''''''; 1~C:;' I I " I ." ; I \. : 12'-6' I J I ' -j ,T~P, i~ ~+6'-7&;' 10 P,-C$, !_l~':O' , UAiE r--lf?~- '1 I r6 , ! I 1 ; ! 1 ; .0 rlltwo. "; -. ,- ~ \..l'WJllOlt~ "",.~, 9'-6fi ~ ~ ~\!Qlff l.'<<m l"AHtL. m..IWATIOl'I A-04-014 Goebel Gene Music 5114 Montclair St. Colleyville, TX 76034 Rae Ann Mullenix 6512 Windrock Drive Watauga TX 76148 Joe M. Deupree 5101 Montclair Drive Colleyville, TX 76034 Dezann Korbuly 5101 Camelot Drive Colleyville, TX 76034 Notices dated November 19, 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 Collewille Land Development Code. Noah Paul Sims 5113 Montclair St. Colleyville, TX 76034 Chris & Robin Faulkner 5105 Montclair St. Colleyville, TX 76034 J ames A Titus 5110 Montclair St. Colleyville, TX 76034 Greg & Patricia Rondeau 5013 Camelot Drive Colleyville, TX 76034 Jack Dortch PO Box 1113 Grapevine, TX 76099 Amy Shelley Planning & Zoning Assistant " Kenneth D & Gayle Reynolds 5109 Camelot Drive Colleyville, TX 76034 Pamelia Joyce McCrary 5113 Camelot Drive Colleyville, TX 76034 Michael & Deborah Ziegler 5105 Camelot Drive Colleyville, TX 76034 Donald C. & Gina L. Wilson 5102 Montclair St. Colleyville, TX 76034 Amy Shelley From: Sent: To: Subject: Mike Ziegler [mziegler@texasmotorspeedway.com] Friday, November 19, 2004 10:02 AM Amy Shelley Case Number: A-04-014 ~ ~ ~ ~ ~ ~ FENCET~1.JPG (35 5106FE~1.JPG (33 5106FE~2,JPG (40 5106FE~3.JPG (39 FENCET~2.JPG (34 FENCET~3,JPG (33 FENCET~4.JPG (40 ~ ~ ~ ~ ~ ~ ~ Ms. Shelley, Thank you for your assistance on the phone regarding the Notice of Public Hearing I received for Case Number: A-04-014. I would like to attend the hearing on Dec. 14, to ask some questions regarding the requested variance to extend a fence beyond the existing building line at 5102 Montclair. Please accept this written comment to be reviewed by the board. My immediate concern is that the fence has been constructed prior to receiving approval of the variance (see attached photos taken this morning). Moreover, the fence measures over 8-feet in height in places (photos also attached) . I need to question the necessity of constructing this type of fence. The property is heavily wooded and has a flood plane easement along the back property line (I believe it is 50 feet). The easement and trees provide a natural privacy buffer. Furthermore, the line of sight from my property to the home is also obstructed by a secondary building that may be a stand-alone garage, barn or workshop, It is my understanding that the residence at 5106 Montclair is vacant and may be currently owned or managed by the owner of 5102 Montclair. There appears to be no reason to construct this fence at this time. But the fence has already been constructed prior to approval and I'm worried that this will become a case of "better to ask forgiveness, than permission." I'm not looking to create any ill will or animosity with Mr. Wilson, I just don't see the need for such a fence at this time. If the ZBA does approves the variance I would seek approval to bring the height back under code and to have my side of the fence finished and stained. Thank you again for the opportunity to provide input into this hearing. I can be reached for questions or comments prior to the hearing at 817-528-7129. In the spirit of community, Michael Ziegler <<FENCET-1,JPG>> <<FENCET-3,JPG>> <<5106FE-1,JPG>> <<FENCET-4.JPG>> <<5106FE-2.JPG>> <<5106FE-3.JPG>> <<FENCET-2.JPG>> 1