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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-2/8/2005 .~ '1'exa5 ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: February 8,2005 A-05-001 - PUBLIC HEARING - Request of Tommy Bradford for a variance from the fence regulations of the Colleyville Land Development Code on Lot 20, Block J, Mill Creek Addition, located at 4709 Mill Springs Court SUMMARY & COMMENT Tommy Bradford is the owner of a lot located at the southwest corner of Mill Creek Drive and Mill Springs Court. Mr. Bradford is requesting a variance to construct a gated fence across a side yard building line. The subject property is a corner lot, with a 30-foot front yard building line along Mill Springs Court and a 25-foot side yard building line along Mill Creek Drive. The front of the house faces the 30-foot building line on Mill Springs Court. The owner proposes to construct a gated fence across the driveway on the side of the house adjacent to Mill Creek Drive. The proposed construction consists of a 6-foot tall wrought iron fence that rises to an approximately 8-foot arc along the gated portion of the fence. The applicant proposes to extend the fence from the edge of the house to an existing wood fence located near the property line. Section 3.26.D of the Land Development Code restricts the location and design offences located in corner side yards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30') in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or Although the final plat of the lot shows a 25-foot building line, Section 3.26. D of the Land Development Code states that the adjacent property's 30-foot front yard building line supercedes the subject property's 25-foot side yard building line. By proposing construction five (5) feet into the side yard building line, the proposed fence location actually encroaches a total of 1 O-feet within the building line, as measured by the adjacent lot's 30- foot front yard building line. An exhibit illustrating the proposed location of the fence is attached. Staff mailed notices to 25 property owners within 200 feet of the site. As of this writing, staff has received no written responses regarding the variance request. Agenda Item No.1 - Page 1 CONCLUSION It is the opinion of staff that special circumstances do not exist for this property. However, staff concedes that the majority of properties within the subdivision utilize gated fence entries and approval of the variance will not be aesthetically detrimental to the adjacent properties. The proposed fence location is consistent with the surrounding residential developments. Additional information that may become available at the public hearing may effect or even change the following staff recommendation. RECOMMENDATION Approval, with the following condition: 1. The fence shall be constructed with wrought iron, not to exceed eight (8) feet in height; 2. The fence shall open into the lot and not swing in the direction of the street. ATTACHMENTS 1. Variance Application 2. Zoning Map and Aerial Photo 3. Exhibit of Proposed Fence Location 4. Applicant's Site Photos 5. Plat of the Subject and Adjacent Lots 6. Staff's Site Photos 7. List of Property Owners Notified Agenda Item No.1 - Page 2 ATTACHMENT 1 Variance Application ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 I Please answer the following questions as <:ompletely as possible, Failure to fully outline the situation by answering these questions <:ould cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary REQUEST INFORMATION 1, Fuily descnbe tile varianc!' you are requesting, 4." With 3. l)esCllbe ,lOW the unique conrJillons or circumstances do not result team your actions Lfj-k, t<,.~UJ 7l<)'f lj~1 ,/tv)1 f'(UN~~~. ',{i./", ,fi,v~,/,(. ?-'.e" J/" .iX.!, c./.?,Cl., '~,'.,cc""rv.t t . ,; J'J..'? VI l\:.Juf'we,~ L~J-CJ!l.. /rYi,..{,U '. t-LVr1'] ('71. -:Uv, .,Dt.'c\:/' Ir I 'AtUA) {LC') ,I..A /fU;/)t2Z'LL{ .!tv cJi<tltt/tv}f ,7/ c~tg(ft,n"} (0.1. ; < () 1-' tJ 4, Is th~e any Wi1y to do what you want witrlOut this request? 'T0, " Acknowledgments I certify that tile dLovo inlormatlon IS correct and complete to the best of my knowledge and at)lllty anet It]at I am now or will be fully ~lep'Hed to present ltle above proposal at Ihe Zoning Board of Adjustment heanng, I understand tr.al :'l tile event that I am not present or represented at the public hearing, the Board shall have the power to dismiSS Ihls propOS'll either at the call of the case or after the heanng, and thaI such dismissal shall constitute a denial I 'eserve the ngll! to wltiluraw thiS plOPOSal at any time upon written request filed with the Community Development Department. and sucn Withdrawal shall Immediately stop all proceedings I understand the filing fee IS not refundable upon Withdrawa' 01 tile ~I ;)p05al after public Ilotice i Jndcr:itanc thmll the request ,s approved, I must obt,lIn a buddrng permit from the City before any work is starled on the property, and l11at trio lonlng Beard of AUJustmell1 aclrclII does 1101 constitute the approval of a building permit. Applicant s Inn:,n ,-~ ~1Jx Date 1/:'\ I / (,r~r , "'~ t.v.-::>_.~~ "_. ';'j'f-', 1,-'ol'Uh r<)i..,: ',Ar!..~li', CV 410 (!.;!;"d.;.,'/03; Agenda Item No.1 - Page 3 ATTACHMENT 2 Zoning Map s t Cirl c,f oi,€)'v;i~" t,JCTCO(' Aerial Photo Agenda Item No.1 - Page 4 ATTACHMENT 3 Exhibit of Proposed Fence Location 'r- - "- ~.'';;'' ----l' - 'I ,,\ I 1 ! r 1 I r,,"~~",'.,,',.,N;, ',' . . <:'<:'.' ':' . . ., '< r." ",'~..,,".,'.'.:,.~ . .~. . "..,. L!-n'~ ..--J ! .J ' ( ~ ; . I c~ I 'I. ~ C' : j ..J" L . f I I ' )----~ I I ;.i f .~ '" ,'.' ,..,.t~ I --~----~~ 1 :' ~f;~ ,'. ," ...... ~ I F L.l ", L_ l.d W LL ,,;:'". ~-.- p~tp 'l ~1 AfJ c!- 1:':~liU.d: Agenda Item No.1 - Page 5 ATTACHMENT 4 Applicant's Site Photos Agenda Item No.1 - Page 6 ATTACHMENT 5 Plat of the Subject and Adjacent Lots . Subject Site: Lot 20 ~ c:i N ", z is'. OJ - I 15' DRG. II -, _,J;Yr~qz.~ ::J 1 Tso.oo ---, 8 I 15.000 Sf 8' . 8 'I ~ 11 N 89'26'01'w ~I _ 150.~L..J 125.00 -. , 15' DftG. . ~ U~r ~II o I N ~ 7.'; DIIG.. -, UlL tASMT.-, .M.J JW2S'OT w -' 125.00 - 1" ORe. . 8 I UllL tAS\lT d 15.000 $I" N 11 .. !rOM.. , U1L [ASWT. I 1-25.00 _-' N 88~'O 175.00 Agenda Item No, 1 - Page 7 ATTACHMENT 6 Staffs Site Photos View of Applicant's Property from Mill Creek Drive Agenda Item No.1 - Page 8 View of Streetscape along Mill Creek Drive Agenda Item No.1 - Page 9 Agenda Item No.1 - Page 10 Agenda Item No.1 - Page 11 Notices dated January 25, 2005. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed variance request are listed, Campbell, Kenneth C & Darlene 4705 Mill Creek Drive Colleyville, TX 76034 Leder, Henry V etux Dolora M 4605 Mill Creek Drive Colleyville, TX 76034 Grussendorf, Dianne etvir Paul 202 Mill Wood Court Colleyville, TX 76034 Whittenburg, Darwin II etux M 4705 Mill Springs Court Colleyville, TX 76034 Anderson, Russell D etux Barbara 4604 Mill Creek Drive Colleyville, TX 76034 Valencic, Gojko 4708 Mill Springs Court Colleyville, TX 76034 Simmons, Brian F 4702 Mill Springs Court Colleyville, TX 76034 Dodds, W R etux Jean The Dodds Family Trust 4805 Mill Broodk Drive Colleyville, TX 76034 ATTACHMENT 7 List of Property Owners Notified Walker, Larry R etux Natalie 4709 Mill Creek Drive Colleyville, TX 76034 Lucchesi, Frank J & Catherine 4703 Mill Creek Drive Colleyville, TX 76034 Vallario, Richard etux Sharon 201 Mill Wood Court Colleyville, TX 76034 Onasanya, Ebenezer A etux F A 4605 Mill Springs Court Co lIeyville , TX 76034 Bradford, Tommy D etux Terri R, applicant 4709 Mill Springs Court Colleyville, TX 76034 Kenna, Thomas M etux Jean H 112 Mill Wood Drive Colleyville, TX 76034 Gifford, David L etux Anne 4706 Mill Springs Court Co lIeyville , TX 76034 Tucker, Christopher etux Susan 4700 Mill Springs Court Colleyville, TX 76034 Valach, Ronald R etux Sharon 4807 Mill Brook Drive Colleyville, TX 76034 Hix, Richard B & Janet Lewis 4707 Mill Creek Drive Colleyville, TX 76034 Burbank, Joseph C etux Teresa 4701 Mill Creek Drive Colleyville, TX 76034 Jordan, Norvell L etux Mary C Jordan Family Liv Trust 200 Mill Wood Court Colleyville, TX 76034 Zaborowski, Jan etux Martha H 4701 Mill Springs Court Colleyville, TX 76034 Pipkin, Luther M etux Sherry M 4700 Mill Creek Drive Colleyville, TX 76034 Foster, Barry 4604 Mill Springs Drive Colleyville, TX 76034 McCormack, Michael J 4704 Mill Springs Court Colleyville, TX 76034 Marshello, David S etux Mary T 4803 Mill Brook Drive Colleyville, TX 76034 Agenda Item No.1 - Page 12