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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-1/11/2005 city Of n~ Texas AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers -100 Main Street Tuesday, January 11, 2005 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 December 14, 2004 AGENDA ITEMS 1. Case A-04-014 - TABLED ITEM - 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: Thursday, January 6, 2005 by 4:30 p.m. Amy Shelley Planning & Zoning Assistant ----,.-- ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - DECEMBER 14, 2004 REGULAR MEETING: Chairman McNosky called the regularly sch~:9uled meeting to order at 7:00 p.m. on November 9, 2004 .~~:(:j1f1;:1;:; ~"~::~s~~~:~::~>' Rich Munson, Lisa. r~";~"'~ey, Skip Reynolds, Dee McNosky and Ed ," l$:i,> Barry LeBaron .l~ y SR~t~1.< ^;:~~ " -x , '~~:' '\;:~;1~~1j~R:~', vember 9, 2004 m~:' . tion. :-. ROLL CALL Present: Staff: f>;<;~<",:,,>>, '''-:.~>:;~;;>v <<:~~~:~~~~~~5::::;:>,:, , ~,:~:,:;::~<~;> AGENDA ITEMS ,-<'~:>;"~:';'>>~<:<>:-;-- ';:::<<~;*-" 1. Case A-04-014 - PUBqC~HEARIN' " ~A r":;:\i\~\'i9~n 'W:~1:gon for a variance from the fence regulations of. . iIIe L' . / opm"e~.' de to allow a fence to extend beyond the buildi.' 0 'J) existi ns and fencing. ~ ~ -\ .. presenttr~~\t)e case and briefed the Board members. nd asked the applicant to come forward to ~ I 5C In oppositio ,,,,::, his r of the propos~ . ,'''.,.i, ":::;::'::{:': Chal1t~'~;QMcNosky as~I~:ifthere was anyone else wishing to speak regarding this variance request~:::';[:~rere being ',e, the public hearing closed at 7:15 P.M. t Drive, came forward to speak. Mr. Ziegler had sent staff an Mr. Ziegler stated after hearing the staff's briefing he is in '.,Y<~\"\'" "~"~-~:~$R:' Skip Reynor:':< .;, es' .f staff if the applicant is the owner of both 5102 and 5106 Montclair. Skip Reynolds', ,)~l~l1ed staff about the recommendations. Barry LeBaron responded staff has recommend~~;;;~pproval on this request. Skip Reynolds questioned Mr. Ziegler about his feelings if the Board were to pass this variance? Mr. Ziegler responded being in favor of this request. Rich Munson stated not wanting the Board to set precedence with the 10 foot fence since the fence regulations are 8 feet. Zoning Board of Adjustment Minutes - December 14, 2004 Page 1 of 2 Lisa Kenney questioned staff as well as Board members as to why this was approved in the past? Chairman McNosky responded the applicant had already started the construction of the fence and was not asked to take the fence down, therefore a variance was permitted. Chairman McNosky stated the builder of the fence stated he did not know about needing to get a variance before he started construction. Ed Moore concurred with Chairman McNosky's response and also stated all the other fences in the neighborho~~ are 8 feet in height. ,.d:x:~~':>, :~;.>.;z;.::~:<<" Lisa Kenney stated having driven the neighborhood andg~1~~uoned staff if the fencing heights on the street were consistent? Barry LeBaron res.,RJ,~bl~d without having measured all the fences he could not answer the question. He stgJ~~~:tli~::~~~~mns appear to be the 10 foot and the wrought iron panels appear to be 8 feet.:~;;p;' ':~~~~k,:;; ~.~';'i., . ~*::;::~. . ~ . ,..~~ ^. ~ Rich Munson stated because of the wrought t~~. ars between the'W~ pillars creates a sense of openness and takes away from thet~:~t1~fie fence is 10 feet tall.':~i::~~ated language needing to reflect that this height of fencin~~1t~~ot the nor .nor will it alwa~~jar permitted. "i:;;;'<;;:;<;~ .'~:,;.:> Rich Munson made motion to appro ese properties are sold and those an McNosky stated those cases Ed Moore questioned what will happen in the fu new homeowners want to have t ame height. would have to be decided upon e. died for lack of second. Barry LeBaron suggem" '.. e Board present to respo~~[~~~tiesr ~,:~~:3~~~9> . Ed Moore mad~~btion to tabl '~:;:;;';:;1';;:;; , ,..p6'::;::~~;::;1";:;';;"';"; Ayes: Ken ney M~~osk~::Mi:ih$~m;k;M~'Q,r:e." ~i;J~i;.~~:i~~:'l'~~ti""";'tiiF. SAND COMM : ~S Barry L .pn stated the copy for t, "ard member ':~'~l1~~: . ADJOURNMER;[!~~;: Skip Reynolds mcj~~' The meeting adjour~:; ;" case until the applicant can be '. nd Rich Munson seconded. The vote being: have been distributed in both the hard copy and also CD '>to adjourn and Lisa Kenney seconded. Vote was unanimous. approximately 7:30 P.M. Amy Shelley Planning & Zoning Assistant 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 - December 14,2004 Page 2 of 2 .~ TexaS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: January 11, 2005 Case A-04-014-TABLEO-12/14/04-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 Update 01/11105 This item was tabled at the December 14, 2004 meeting due to the applicant not having representation at the meeting to answer questions related to the variance request. It will be necessary to remove this item from the table prior to taking action on the applicant's request. 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 of9.5-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 Agenda Item No. 1- 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 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. RECOMMENDATION 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: /YI fi...- Barry LeBaron AICP Development Director Agenda Item No.1 - Page 2 cc&~ Tell__ ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 +APPLlCANT _1x2_~\L~L1~~__,_____________________________ Telephone No, 8.!?:_~4!?~~ Fax No. '__'______'__.______''__ Address _~~"::._ 1YJo~ fL:_~~~_______________,___,__________________________________,____________,_____,_________________'____'__.,_,__, City __6>l~y-f!.'gg ____________,__,___________________________ State_jE:!A~___________ Zip Code ?J~_~4-____________ Applicant's Status: (check one) a Owner a Representative a Tenant + PROPERTY OWNER ~M~____,__________________,__,_,______, Telephone No. BI7:S"40.1eUeQ Fax No. __ _____________ Address _~Q.?:.._!'!'!Cl.~'I~~'::r:!.i'e;____,__,_,__,__,._,.________,.,_________----,---------,--.,----------,----------------------'-,--------,---,-- City {'p11~/LL..~----------------,---,-----,--------,---,--- State ,_T~J.___________ Zip Code ?l:D;r1__,______"m'_ Ownership Status: (check one) utIndividual a Trust a Partnership a Corporation ~~antS~~!!!..~ h;'~~e ~" ~~Ignature * 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 LocCitionSi ole__L'!!P.dr~?=!.!~_____._---,--,----------------------,--------------------------,-----,---------- Legal DesCriPtion__~[J&,_:_,__"l>_f_,1J~AkT~_,S2t$ll\}I~IO~_______--------,-----,-------------------- Present Zoning _l.4f!.~!.!i~_____________________,____,_ Present Land Use _,ggl J)EjyT~~'-____________._ Status of Project: ltr"'Proposed a Under Construction Have you applied for a building permit? e-Yes a No Have you filed an appeal or petition on this property before? a No a Existing aYes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number A:_D..'112Ltt._____, Hearing Date -J4~-(-Q-ti-,-,---- Action o Approved a Approved with Conditions a Denied Conditions --_..._._.._--,.._~~....._----_...__.__..._--_._.........._-....-........--....-.--....---..--..-.-.---..............-.p-.---..-...-.-........... .._....-..._.....__..~.__..._-_._...-.P...._P._......_.._P..._.P..'_'__'_ ....._....__..____........___.~__.~....._........._........... .--.-...---.-....--...p--.....--..--......-....-......-...........-..............-....................-.-..........................................-..--....... .... ..-.......................................... .- ...-............................-.............-..............-.........-.-......----...-.....-.......---....-... ..............--....--......................-.-....................-.......-.--...................... .........._........._--_....._..._....__.....-._...._.._.~_..............._.....--..-.........--........-....-...-.....-....-.........-..-..-.............................-.....-..............._........................._...._......~._..--..-...........-.............----.....--......-..-............--.-.....-................-...-.....-........-.---........-.---.....---.....-..-.- ..-.............-.-...-.-.......-.............-....-...-........-....-._................-.._...........~........._-_...p....._......................-...._.....-............_..........._-_._......_............_..~..-..................-.-p-..-..-....-....-....-..-...-.....-...-..--.....P---.-...................._._..__............_...._......_...._....._..___...................._.......-......... ....-.....-----..................-.......-.......-.........-.......-..--.................-........-..........-..........p.............................................---..-...........-....-........-.-..........--..........-...-...-...-.-._._---_..........-.._.__.._....._....~~........_.._......_._....._..............-........--...---.-....--.--...-............-...--...-...-....-......................... 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. W~,Jt 10 extEND --Co!:-UI11~~L~{:.JJ(;:.______,___________ FJ:~~~~~~1:-::,;t=IS=-~=~~=-=~=c~~~_=~=-==_=== 2. Do similar conditions exist in the area? EXPlain.,_t{;S-I_tl.~JS:.t))O{JL _=--____'______'___________________________ 3. Describe how the unique conditions or circumstances do not result from your actions. __________________,_____,________ --?:"~~lk?:!.tf:~-!-~__~_~~EL_&~2t- f~..1~LlJ--K-?I~-~- f-l.) .~ld__lJ~~LC___________,_________ ,_IJ~_t!~_J E~fl,l. ~~~ ciiy...:..______________ . _____"_____'_____,________________ .__._--~_..__._--------- 4. Is there any way to do what you want without this request? _LI12______________________,_______.________________________ -------~_.._-._..__.__... 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 A.______ Date //)f!r- APPLICATION FOR VARIANCE CV - 410 (MARCH 03) Location Map City of Colleyville (c~~m~ :re~afil N + No Scale I I~ g I~ i I~ ' ......: \~ ~ I:: Ii . . . . . . . . . . . . . . . . . . . . . . . . N 89'58'2t.W5~g,(J8' ,(&..oSHEL POD ~ 'Vl~ ~! zX 0- i1\Z v;!) o o o \l ~ @ ('11,561$0, FT, OR 1.6~30 ACRES) ~ t.." ~ Q Q:: ~ ~ '~ ....: v, l: ,Eo- ~ c:: ~ ~ -~ ~... ~.4J ~ ;5 o o VI Fence Location and Detail 'WALL '1J AJ o '1J f'1 ;0 -i -< r Z f'1 [X] Water Meter '-- PRLJPERTY LINE ;> Q ~ A,phall pa,emr 5106 MOl\} TCLpI/F? OR! V[ / l...'''''-"-'4 ! -'C.. '-' , 125' 112'-6' I r -4 TYP, f..- . 6'-7&;' 10 PLCS.~ l4'-0' GATE ~ ~ 1 9'-61/ lIl\OlJO>>'T mOil l'A1!~'1.. m.EVA'!1lm 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 Develooment Code. Noah Paul Sims 5113 Montclair St. Colleyville, TX 76034 Chris & Robin Faulkner 5105 Montclair St. Colleyville, TX 76034 James 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] Monday, December 20,200410:11 AM Amy Shelley Case number: A-04-014 ~~f --,...-,., .... '~ zone board letter 12-20-04.doc... Shelley, please find attached an additional letter regarding the variance request. Hope to see you on Jan. 11. Mike <<zone board letter 12-20-04.doc>> 1 -. ._.""...------_.._-_...~~_. _.".--"._,,_._.~,~--'-~- _._--"'...."~-----_...,- "" _.._......_~_._-_._- December 15, 2004 Michael Ziegler 5105 Camelot Dr. Colleyville, TX 76034 (817) 540-1191 Zoning Board of Adjustment City of Colleyville 100 Main Street Colleyville, TX 76034 To Whom It May Concern: Thank you for the opportunity to speak before you regarding case number A-04-014, back on December 14. The purpose of my letter is to retract the support I went on record as having for the construction of the proposed fence. Listening to the Board's discussion on the specifics of the variance made me greater aware of the facts. I will not support a variance that will allow a fence to be built higher than the City's 8-foot requirement. Furthermore, I was disturbed to learn that this Board allowed the original construction to remain above the 8-foot requirement after it was constructed because of the "substantial amount of money" that was spent. Isn't it the builder's responsibility to make sure all permits are secured and City ordinances adhered to? We have a saying at my place of business that applies here - "your failure to plan, does not my emergency make." The fence should have been altered to come back under code. This board as already set the precedent that in Colleyville, one can simply build what one wants then seek forgiveness after the fact provided a substantial amount of money has been spent. Approving this variance will simply further that precedent. I'm worried our home will evolve into a community of 10-foot walled compounds rather than a community of homes. You have an opportunity to help prevent Colleyville from becoming a reclusive town. Thank you again for the opportunity to address the board. In the spirit of community, Michael Ziegler