Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-6/14/2005 city Of Texas AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Tuesday, June 14,2005 REGULAR MEETING 7:00 P.M. CALL TO ORDER Chairman Dee McNosky ROLL CALL Rich Munson, Skip Reynolds, Lisa Kenney, Dee McNosky, Ed Moore, Larry Knox (Alt. 1) and Uton Dellosso (Alt. 2) PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 10, 2005 AGENDA ITEMS 1. Case A-OS-004 - A request by Louise Halprin for a variance from the regulations of the Colleyville Land Development Code regarding parking space requirements on Lot 4, Block 1, Monterra Place Addition located at 6908 Colleyville Boulevard 2. Case A-OS-002 - Reconsider a request by Deck Masters for a variance from the regulations of the Colleyville Land Development Code regarding the rear building line setbacks for a deck on Lot 32, Block E, Cascades at Timarron Addition located at 7304 Thames Trail REPORTS AND COMMENTS ADJOURNMENT Amy Shell Planning & Zoning Assistant Posted: Thursday, June 9, 2005 by 4:30 p.m. ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MAY 10, 2005 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. ROLL CALL Present: Rich Munson, Lisa Kenney, Skip Reynolds, Dee McNosky, Ed Moore and Larry Knox Absent: Uton Dellosso Staff: Barry LeBaron, Chris Fuller and Amy Shelley APPROVAL OF MINUTES Ed Moore made motion to approve the February 8, 2005 meeting minutes. The motion seconded by Skip Reynolds. Approved by acclamation. AGENDA ITEMS 1. Case A-05-002 - PUBLIC HEARING - A request by Deck Masters for a variance from the regulations of the Colleyville Land Development Code regarding the rear building line setbacks for a deck on Lot 32, Block E, Cascades at Timarron Addition located at 7304 Thames Trail At this time, Lisa Kenney recuses herself from this case because she lives in the Timarron Addition. Staff member, Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Erik Snyder with Deck Masters, the applicant, presented the request and briefed the Board members. Lisa and Tim Conkwright, the homeowner's at7304 Thames Trail, presented the request and briefed the Board members as well. Lawrence Leo, 5030 Harthcrest Drive, Garland, representing Lisa Wagner, 2007 Caspian Lane, stated having issues with not receiving documents presented to the Board members, the deck devaluing the Wagner's property and the deck being so close to the Wagner's home. Mr. Leo stated this variance would set a precedent for the neighborhood and would have a negative effect on the Wagner's property. Mr. Leo stated wanting the applicant to plant evergreen trees to cover the deck if the variance is approved. Erik Snyder, with Deck Masters, stated to the Board members that he and the property owners received approval from the Timarron Home Owner's Association before coming to the City for approval. Lisa Conkwright stated having talked to all the neighbors in regards to the deck. Mrs. Conwright stated the rules are in place to protect the homeowners and she understands that, however, she Zoning Board of Adjustment Minutes - May 10, 2005 Page 1 of 3 would be able to build this building with closed solid walls. The variance is to be able to build the deck without having solid walls. Lisa Wagner, 2007 Caspian Lane, stated having concerns with the size of the deck and being close to her property. Ms. Wagner stated trying to sell her home and stated having issues with the deck devaluing her property. Chairman McNosky asked if there was anyone else wishing to speak,regarding this variance request. There being none, the public hearing closed at 7:33 P.M. Rich Munson questioned staff about the openings, doors and windows on the back of the structure? Barry LeBaron stated the Land Development Code establishes the rear building line at 25 feet and if you want to encroach upon this, you would have to get a variance. However, you would be able to encroach upon the rear building line if there are no windows or doors on that side. Chairman McNosky stated the neighbor wants nothing built in that area, being open or closed. However, the applicants would be able to build the deck if they construct solid walls. Ed Moore questioned staff about the utility easement on the plat? Barry LeBaron stated the utility easement stops at this property. Chairman McNosky questioned staff if the intentions of the applicants were to leave the side to the pool open? Barry LeBaron replied not knowing the intentions other than wanting to leave all sides open. Ed Moore questioned staff if the pool is currently there? Barry LeBaron stated correct. Ed Moore stated in the briefing the encroachment states 6 foot and the drawing shows 4 foot. Which is it? Erik Snyder stated it being 4 foot. Chris Fuller stated the 6 foot is using the scale to measure for the briefing. Erik Snyder stated Chris Fuller is correct if he drew it to scale. Rich Munson questioned Mr. Snyder about the type of plant that would be used between the fence and the structure? Mr. Snyder replied red tip fotinias would be used which grow rapidly. Rich Munson questioned Mr. Snyder how the homeowners would be able to get to the other part of the yard once the shrubs were in place? Mr. Snyder stated the homeowners would not be going through that area to get to the other side of their yard. Barry LeBaron stated any of the walls in the 25 foot rear building setback would have to be solid. Mr. Snyder stated wanting to work with the code and provisions to be able to build his clients the deck they desire. Mr. Snyder stated the foundation has already been poured and they just want to be able to build something. Ed Moore questioned Mr. Snyder about the foundation already being poured? Mr. Snyder replied the foundation was poured when the pool was poured to save on the flat work. Barry LeBaron replied there being no restrictions on pouring foundation in the building lines. Ed Moore questioned Mr. Snyder if there is already a covered patio? Mr. Snyder replied it being there when the house was built. Larry Knox questioned Mr. Snyder if the Homeowner's Association approved the closed structure? Mr. Snyder stated the Homeowner's Association approved the open concept. Tim Conkwright, the property owner, stated to the Board members the trees that exist on the Zoning Board of Adjustment Minutes - May 10, 2005 Page 2 of 3 property would be what the neighbors would see. Mr. Lawrence stated the canopy of the trees do not block the view of the proposed deck. Rich Munson stated to the applicants that the encroachment requested is so far away from the Land Development Code regulations, that the request negates the ordinance. Skip Reynolds stated to staff that the application is not in the packet. Chris Fuller stated not knowing the Board wanted the application in the packet. Skip Reynolds stated the Board members would like the application to be placed in the packets for the future. Skip Reynolds made motion to consider case A-05-002. Rich Munson seconded. The vote being: Ayes: None Nay: Knox, McNosky, Moore Abstain: Skip Reynolds Chairman McNosky stated to the applicants to get with the staff to work out something for the structure. REPORTS AND COMMENTS Ed Moore stated numerous inconsistencies with the numbers and packets. He stated on previous cases being any feedback as to what was done once the variance was approved. Rich Munson for clarity stated any inconsistencies for variances approved in the past. Ed Moore stated have the applicants lived with what was approved with the variances. Skip Reynolds stated a request being made and the applicants doing things that were not approved. Ed Moore stated that being his concern. Dee McNosky stated staff possibly looking at doing a report for the Board members. Barry LeBaron stated the staff inspects those properties and if anything is in violation of codes, the city addresses those issues. ADJOURNMENT Larry Knox made motion to adjourn and Ed Moore seconded. Vote was unanimous. The meeting adjourned at approximately 7:55 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 - May 10,2005 Page 3 of 3 .~ l'exa5 ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: June 14, 2005 A-05-004 PUBLIC HEARING - Request by Louise Halprin for a variance from the regulations of the Colleyville Land Development Code regarding parking space requirements on Lot 4, Block 1, Monterra Place Addition located at 6908 Colleyville Boulevard SUMMARY & COMMENT Louise Halprin of Structures and Interiors, Inc. is the applicant for a variance request regarding the parking standards for a proposed medical office located at 6908 Colleyville Boulevard. The applicant has applied for a variance to reduce the number of parking spaces required by the Land Development Code. The subject property is included with the area zoned Planned Unit Development - Residential (PUD-R) for the Monterra Place Addition. However, the commercial area situated adjacent to Colleyville Boulevard is subject to the CC 1 - Commercial regulations, according to the site plan attached to the approved ordinance. The ordinance does not address parking requirements, therefore the Land Development Code parking standards are applicable. The Land Development Code states the parking regulations for doctor's offices and medical clinics as one (1) space per each 150 square feet of floor area. The exhibit provided by the applicant shows a 4,350 square foot dentist office, which would require 29 parking spaces. The applicant proposes a total of eighteen (18) parking spaces for this site. The applicant would be requesting a variance to eliminate eleven (11) parking spaces. A variance of eleven parking spaces would permit the construction of a 4,300 square foot to a 4,500 square foot building. A 4,500 square foot building, with eighteen parking spaces, would equate to a revised parking requirement of one (1) space per each 250 square feet. The applicant has attempted to initiate a Shared Parking Agreement with the adjacent property owners, however due to extenuating circumstances an agreement has not been possible. An alternative to a variance would be to decrease the size of the proposed building. The applicant states that to accommodate the lot size and meet the requisite number of parking spaces, the building would have to be smaller than where the tenant is currently practicing dentistry. This would negate the purpose of development as the purchase of the property was intended to expand the size of the dentist office. Staff mailed notices to the nine owners of property situated within 200 feet of the applicant's property. At this time, staff has received no written responses regarding the variance request. Agenda Item No. 1- Page 1 Jurisdiction of ZBA Section 1.16.E of the Colleyville Land Development Code provides the authority of the Zoning Board of Adjustment for approval of a variance request to when the Board determines that the neighboring properties are not substantially or permanently injured. The following is an excerpt of the applicable language form the Land Development Code: 'The Zoning Board of Adjustment shall have the authority to consider requests for a variance of a zoning regulation. ... When the appropriate use of the neighboring property will not be substantially or permanently injured,.. Thus, the Board has jurisdiction to: Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum sidewalk or setback standards, off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district. " CONCLUSION There is some concern regarding the potential for overflow parking from this site encroaching into the adjacent lot's parking stalls. However, information that may become available at the public hearing would have a significant impact on the staff evaluation, which could alter the staff recommendation. RECOMMENDATION Denial due to technical non-compliance with the Land Development Code. ATTACHMENTS · Location and Zoning Map · Application for Variance with Statement Letter · List of Property Owners Notified Prepared by: Chris Fuller Development Coordinator Agenda Item No.1 - Page 2 Location and Zoning Map Agenda Item No.1 - Page 3 Application for Variance with Statement Letter ZONING BOARD OF ADJUSTMENT APPliCATION FOR VARIANCE .~ "~~~J!!tw~Ine, reIeiPhoneNo. ~ Clty AppIictmt's S~: ~cm) 0 Owner . Pft()!lf>fllt'I Y QWMU Stam X Repr~tve 0 f<<liW"lt 817.581- ~t!'!!!a.QQn~~~"w'W~T~ No,,^J1TL.~w._"w.. Fax,No. J!ti',g1~~ Zip Code ...L~2www__w AddtMfi :f~OM}' 0 ~ Ofrott lJ 05.10.05 Date <lUG.05 Oate l_~~ ~ZooingPr~LMdu. "~w~"w, StatU$ of Pr~ X P~ed 0 Under Construction 0 ~ H~yt)t,~!.nd lor ~ ~.~ ~~ 0 V.$ XNo, _do_ kJ.bui, tf1tJ~ 1M00 Mew bo,,..~.flmt ~.ytlU~an~Of~OJ\tbf$~~? c..~1' AcUon 0 ~ CondWom o Approved witt Condi'.ioM O~ flIr "". ."'.4.,",~~~,,-. 7~ ~N; QI Arljt.~ol)nl C~ ~~~m~,~ Agenda Item No. 1- Page 4 Ptule .....,..fohwIng ~ ucampl.t.".. ~ r:aH......to aUWClringtftH. qlIasdlliRS could c:at.IM- _eoeua" delay in ~ your appeal, ~tfMCU:nry. 1. ~~~~ ~lSO~f_ you am requtatiny. "The site that is p~ tu'~~.i$~' lAl1intBumi m Adjutl'lDltS ~ve .V~4tbM would em. t.bQ ~l. [witt'Cb i$ Qn~ j.~ 1br f:Vcty loo ~ ,*). 11* W<mid ~tmettl buil~ of'ttp to "SOU ~ f~~t. whitlb .wld'~' ooc ....thr' cwry' ~ ~et... .lqJarditll Ute ....,... C_1ati~" ~on>iCtmcqlt. PlatrOptWn J",Or, ViniDgl'woold be~tohl~ l1patti.spaccumd .,1,' ~..~!2B.,~,~.~J~;~!~J1'.~ one cX.~___~'_"'~~_'~_"""'"""__'__'"''''_'_'''''''_~''',,',','.,,',""',"~_, 2. Ol) 81mhr c:mditiaM tmIt in ht .ea1 ~. the City allnws "'Shlm::d Parkin, ~.., u.1lkh eM ~ ail ()'IU town [1 ba~ ~ a Co)kyvil.kt resident" OOlldmp in. stnp Pmt W!f)' often haw~~_ &..~l uve il double parkini mquiremcut. 300 ~ fMt. level, ~dwl ~t !fOr 3. ~ how ~ Uf'llque ~lUooj or droIJ..~d() not mutt from yctUf actiOn$.. tocmcd K:$$ than]) H) of 3 mile from t1re new :site" 1.lm he pm::hucd over it )'ClU' IlielWrdid 1'1Ot infmm Or. VinlUlSon. ~ N$tri~tiw ~ ~ for pI~ to mb:.ate his. ~to thas new Prlorto ~ of th~ jjt~. it \\"<mid ~ that parkinl ~I)<be met, since overall tl1<:n: a~ ~l ~. ~l dentists ....1)' MM t() .y witlUn a ii\'\}.tnikt rOO_ $(t II to 1'1Ot Ime patients. With the emtm, allotted 1 S padriq ~ (o.\\<"n 00 t~ C~ P18), Or, V~s wauld only be able to COO~ a 1100 sq~ foot bm1din~; whidl i$le$$ square f~ thlm ~ cxi&f.ittt ~(:e [be ~ the: IMtd to cxpgd the pmctWc:). Also. d~ to l~ ()m~ ~ ~ tmdtbeaddmOMl ~ bt that b ~wy to meet TAS it would not M . <<m 4. I~ hml: ImY Wi'j to 00.. yw \\1imt wloom ttli3~? _r:;Ul>~"~wWtJlJ!tl~1QImY!J\ ::6~4,~..w .. Parking ~.. (~ eaeJ<>$Cd] ~ ctui$ 'rye. MD. DDS. whom is the m.1jac~ loe. 0"-'11<< Md Cwi Davi$. C.ll.1't}l Davis 1~. Or. Tye ltu <me extra ~ and Carol Dam bu ten ~~. Otrol is: currently invQlved in a lawswt ~ the ~ction ()f. appmaclt wWch. appammly.. cIoes not.1mlCt her furniture freight ~ (tM Utrpf tmBbttnlilm ftMOt pitt ~cm). CtlfOllmd ~ed to. be MUted mApnl2<105 but. now, it has been reschedubi for ~lme in 2006 [& whQ bows when &lor V_,it has al.read.y ownoo the land in exeea of one )'ClU' and 1$ mcumTII the cost Qf taxes and ~mQl the pmporty. 1m\' 1t1 ~ ~ini and. in a meamg ~,d'l Ctl~"lOO ~ <m ~ 10.2004. Oiml Davis agreement tnt'l, at that time. she lwl expected her !lUlt to be sett~ed much Agenda Item No.1 - Page 5 ~<l By !be way. I tofd OlroLTwouW be happy to widen her ~ dunq the PIViq phae ilfVinings ~m. if. woold ~ve her immdatc approadJ pn'fblem, Pl~ 'Note:: This mue will t'8lXC tUn Ibly arise ... ,fDr. Vw. hu 10 RI thc~to find ~log _ will meet tbenceck othi1~ praetice. A <i~~~1~~'!i11~~.m'_<<<""",<~,<<,<<<~___~_<<<_<~~_'<~_<~.~_""< A~.nts i Ul'lderUmd Ihet in tOO fMYtlt that ~ am not present Oft ~nted at ~ _ fJ~ eittter at thecal 01 ft&CWitor aft<< the ~ j ~ ,. tIgtlt to ~ and $ud't ~o1N I ~ thallfthe ~a~11"IlUIt obtain. ~. and that the ltming eo.d of ~l4don dOO'$ not $NU have Ih& ~ to < sbaI~. denlaJ. OM~ not~*Uf)OO worlt" ... on the permit AppUcanh lni~ OwIwt"'nllall Oate May 10,2005 Dam: May 10. 2006 Agenda Item No.1 - Page 6 List of Property Owners Notified Pecan Creek Village Center Partners 5670 Greenwood Plaza Blvd. #300 Greenwood Village, CO 80111 Monarch Photographic Corp. 1700 Tennison Pkwy Colleyville, TX 76034 Pulte Home Corp of Texas 1234 Lakeshore Drive Coppell, TX 75019 Carol Davis 3300 Spring Valley Drive Bedford, TX 76021 CTAJ Ltd. 6904 Colleyville Blvd. Colleyville, TX 76034 Jomel LP 1307 Haddington Lane Keller, TX 76248 Colleyville Creme De La Creme 5922 DTC Blvd Ste 360 Greenwood Village, CO 80111 Charlotte Dietrich 7001 Colleyville Blvd. Colleyville, TX 76034 Hasting Cove Ltd. PO Box 5287 Culver City, CA 90231 Agenda Item No.1 - Page 7 .~ Texas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: June 14, 2005 A-05-002 PUBLIC HEARING - Reconsider a request by Deck Masters for a variance from the regulations of the Colleyville Land Development Code regarding the rear building line setbacks for a deck on Lot 32, Block E, Cascades at Timarron Addition located at 7304 Thames Trail Update 6/14/2005 This variance request failed to receive approval from the Board at the May 10, 2005 meeting. Subsequently, the property owner met with staff on May 12, 2005 to consider various options for constructing the covered deck structure in a manner that meets zoning and building codes. According to the specific language in the Land Development Code, regarding rear yard set-back requirements, the applicant will be able to construct the covered deck structure with a six foot rear yard set-back, provided that there are no window or door openings on the walls facing the rear of the property. You may recall that it was not clear during the discussion at the meeting if all of walls located within the twenty-five foot set-back area had to be solid or only those walls facing the rear property line. Since the Land Development Code only requires the two rear walls facing the rear property line to be solid instead of all of the walls around the deck enclosure, the applicant is requesting reconsideration of their request, based on this new information. The applicant has since obtained a building permit, which shows two solid walls facing the rear property line. Approval of the variance request will allow the property owners to not have to finish constructing these two walls on the deck enclosure. The following is an excerpt from the Land Development Code. 3.24.F DISTRICT REGULATION NOTES J. No rear yard required where no windows or other openings for light or entry face the rear yard. ADDITIONAL ATTACHMENTS · Copy of Original Application · Request of Property Owner for Re-consideration · List of Property Owners Notified · 5/10/2005 ZBA Staff Report Agenda Item No.2 - Page 1 Copy of Original Application .$ 1'C'sa5 ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817,577.7587 · APPLICANT ---.12?s,_l(_J11J1~~_~__________ Telephone No, t=t~L=J~~L Fax No._f...::._L/~_q_=-Ztz1_q Address__'I/Pti,Lf~_~~_?J_f2_~~~_~__I?xt~1~~~~'f-__________~__~:~L{ """,&-~L.r' - l ((?7 City ___-11V\,..J~~~--m--__----------- State__~________ Zip Code7t.R. or3, Applicant's Status: (check one) 0 Owner ~epresentative 0 Tenant · ~:~:~RTY L-'~2!1-r_[~!J!~-'~_CQ~k::~~~5 ~t,ePhone No. i-:3J.1=2.2'i9 Fax No, _'______________________ Addressi{,lj)lIt!J!,,,':~.;c~_1E!1!J,.._,__,__,_,____ City ___,f) ({~-4f.J..JL.g:.----------------________ State --I~------____ Zip Code. ?&() '3Lj Ownership Status: (check one) FOndividual 0 Trust 0 Partn ship Corporation t~ ik&;;::;; 'II i:S- 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. t-;J rr- ate PROPERTY INFORMATION Street Address or Location} 5QLjTJ.J.~e5TKld~lLmmm("'/(~'1t!:;af,/-rf-:z~q7im Legal Description -Lo..ti!_5_:L_______tlLQ!o:K.___L___ . . .".72rY\,.l}'4~____.AI1P~_______________.____________ Present Zoning -----~~L~h=~___________ Present Land Use ..""mmSL~#.E~11 Status of Project: A Proposed 0 Under Construction 0 Existing Have you applied for a b~i1ding permit? 0 Yes A No Have you filed an appeal or petition on this property before? c.... Number /j -~?-,()(Jl:."_" Hea.ng DaI1> ,2/t4 O![,,_ ;i, Action 0 Approved 0 Approved with Conditions I ,Denied Conditions Per .... ..~~'~'~...... --~---."---_._-_._._------_..._----_._------------------------------.----.-.-----..-.-----------.---------------------.--..--------------.-.--.----------- ................----..---.......--.--.---.-.....-....-.--.--......--.-.---......._......._.__...._._u..._......___ ._...__........__.____.__._.......____...__._____........._..__...___. ........... ..-............-.......-........-...---....--.---..........-..-.--.-......-.-......_...........-..........._---.._........"........-_...-_.... Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary Agenda Item No.2 - Page 2 Request of Property Owner for Re-consideration Barry LeBaron from: i.m ~ht ~1I'.t4uanung,com] lint: W<<inuday, May 25, 2006 2:03 PM To: ~ LdIKm Ce: ~._ecm SUbject RE: R.ob~ of BuikIing Pern1t Roqwc i, Scury. Thllll U. ~t M I;t& hoplng to dOli the two ~ enclottd that _1M bId<~. ~"'~<Ori~ M~"" from: Slrrv ~ [nWlb:J:~d,~b:,U$] s.m \~Yt May 25,2005 12:12 PM To: Conkwrlgbt SUbjed:: fE: Resubmmslon of &dktlng ~lYmJremal~ '4lia~ requel110 bt --..0rigIMJ ~. FW1m: U. C'bnkwrlght [maIto:fcookwt1Osta.sa IMe: Tti8dlyJ May 24, 200S 1:41 PM Tot Smry ~ ec~;.(Om , SubJect: ~bmts_ ofBvllng Pefmt~ BIfry. 0tJt to ntw info1'm$ticm. w.e am f~ 00f It tlm addl'e5S: 1364 TMmet TF$i1, Colleyville, TX ThInk YOlt UN & Frank ConlfwrlgAt Agenda Item No.2 - Page 3 A-OS-002 Maserang, Robt D Etux Tracy D 2006 Caspian Lane Colleyville, TX 76034 Bui, Michael D & Cuc Bui 7216 Thames Trail Colleyville, TX 76034 Sisk, Michael C 7308 Thames Trail Colleyville, TX 76034 Jones, Carolyn & Martin 7309 Thames Trail Colleyville, TX 76034 Gulati, Peter PO Box 1345 Colleyville, TX 76034 Burke, Robert J Etux Elizabet 7213 Marantha Court Colleyville, TX 76034 List of Property Owners Notified Larson, Michael J Etux Aimee M 2003 Caspian Lane Colleyville, TX 76034 Mcauley, WM J Etux Florence A 2002 Caspian Lane Colleyville, TX 76034 Chance, Pamela & Angela 2005 Thames Trail Colleyville, TX 76034 Conkwright, Frank Etux Lisa, applicant 7304 Thames Trail Colleyville, TX 76034 Thompson, James N Etux Carol J 7305 Thames Trail Colleyville, TX 76034 Wyatt, David Etux Lisa 2101 Conner Lane Colleyville, TX 76034 Saunders, Stephen K Etux E M 7209 Marantha Court Colleyville, TX 76034 Wagner, Frederick V Etux Qiu P 2007 Caspian Lane Colleyville, TX 76034 Kim, Jane M 7212 Thames Trail Colleyville, TX 76034 Monts, Britton D 2009 Thames Trail Colleyville, TX 76034 Connelly, Kenneth Etux Vivian 7300 Thames Trail Colleyville, TX 76034 Berk, James E 7301 Thames Trail Colleyville, TX 76034 Timarron Owners Assn, Inc. 1800 Preston Park Blvd. Ste 101 PIano, TX 75093-5198 Agenda Item No.2 - Page 4 May 10, 2005 ZBA Staff Report .~ TexaS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: May 10, 2005 A-05-002 PUBLIC HEARING - Request by Deck Masters for a variance from the regulations of the Colleyville Land Development Code regarding the rear building line setbacks for a deck on Lot 32, Block E, Cascades at Timarron Addition located at 7304 Thames Trail SUMMARY & COMMENT Deck Masters is the applicant for a variance request regarding a lot located at 7304 Thames Trail in the Cascades at Timarron subdivision. The applicant has applied for a variance because the proposed addition to the home will encroach beyond the twenty-five foot rear set back line established for the PUD-R regulations. This portion of the Cascades at Timarron is zoned PUD-R (Planned Unit Development- Residential). The set back regulations for this particular PUD-R are established in Chapter Three of the Land Development Code. The set back requirements are as follows: Front yard set back: Side yard set back: Rear yard set back: 30 ft. 10 ft. 25 ft., unless there are no door or window openings facing the abutting residential lot, then the rear yard set back may be ten feet The proposed addition to the home will encroach nineteen (19) feet beyond the twenty-five foot building set back line, which leaves six (6) feet remaining between the addition and the rear property line. The addition is proposed to be a one story roofed deck. The deck will be open on three side sides and will include an outdoor food preparation area. Staff mailed notices to the nineteen owners of property situated within 200 feet of the applicant's property. At this time, staff has received one response in opposition to the request. Section 1.16.E of the Colleyville Land Development Code provides the authority of the Zoning Board of Adjustment for approval of a variance request to extend beyond a building set back line when the Board determines that the neighboring properties are not substantially or permanently injured. The following is an excerpt ofthe applicable language form the Land Development Code: Agenda Item No.2 - Page 5 'The Zoning Board of Adjustment shall have the authority to consider requests for a variance of a zoning regulation, ... When the appropriate use of the neighboring property will not be substantially or permanently injured, , ,Thus, the Board has jurisdiction to: Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum sidewalk or setback standards, off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district. " CONCLUSION There is some concern over the encroachment section being placed nearer to the residential structure located behind the applicant's property. The following recommendation has been made on the basis that there has been written opposition regarding the applicant's request. However, information that may become available at the public hearing would have a significant impact on the staff evaluation, which could alter the staff recommendation. RECOMMENDATION Denial due to technical non-compliance with the Land Development Code. ATTACHMENTS . Location Map . Copy of Response from Property Owner within 200 Feet . Information and Drawings from Applicant Prepared by: Chris Fuller Development Coordinator Agenda Item No.2 - Page 6 Location Map Agenda Item No.2 - Page 7 Copy of Response from Property Owner within 200 Feet Agenda Item No.2 - Page 8 Information and Drawings from Applicant ~f'l$Ofed b/f a ~ en_. dYle, Of Mf'I1:Jroit Ol'glIfIWldon loc;bd ~ the Ciy. ~ 1_ '~A ~~ U~Of$~ ~~ ~ the u.ofatent~ r~. a.~_ permit in ~aooe wih the ~5~ in UwC~e Rill, COOe. 3.%4.[ SCnF.Dl.LLJ; Q!IlI~:rIUCI 'EGtiLA TIONS {~n~1JEJ)l OUTDOOR STORAGej SCREENING AND HOURS OF OPERATION (for tftfter~, j,(t, (0). *' 8M Oistffct ~ No-1 ZoolnO O~ ~ ~ AhwM ~ of ~ .U,4.' l)lSfl!<;l ~EGtJl.A'tlO~ Nm. A ,-Vl'lefe abuttirlg ~ lot Ulned or uud 'k)r msldent!m JU~ (Re t~n ~) mu.mum ~ m!~ shclloot exceed ~ments ~ in figure 1 "H_t'~ for ~~ 'Dts~ Adjoining R_idemimOiltricU", The ~ ~e.tSO feet &hafI ~ a ~ height of 1e' at the _"Ie and the roof' design 8hd be of4mldentlal styte, ! No fltrudure sh~ b. ~ in ~ z~ dlttlid m,~ of the$~~~mum l'Mldmg .'~ in 1M number of ~ or ~ ~ Is leu, UIliea an ~ to said bUlktingm!ight is c:~ in '~' C__. e~ as not~ ur~ 'C" beklw, C Hftlghfa of foUl" (4) &tor_ I'M)' be ~ mCC2 (Shc~ ee.) dlstrl:Ct if ClOmbiM<l wltta Plillmed Unit ~t (Pm)), D To ~e 'the 'oo,&n, vihge" ... ff'Onl ,... maybe varied 10, as .me _ 10' frooltMtoot ~ IiM if reqUQd ~ It ~ '* leu" fortyfeet(<<r) tomb line. e V_to atMtit't&} a kit z~ Of ,used tor ~ ~ (IlEb'rough Mffl be a tv~ot'1-tive(26') 'foot U>>_. F Side Of rell' ~ ,not required WheN no ~ or other opuinQ$ b' light 'or ,trity' ~ fM yam. ~ not a$cent to.......' (;, 'No ~ yard r~ wwe no windows or otl\er opeTting& for~, or efflry met CM _yard H, WhfJ;ftabulf09 a lOt Ulned Cf' 'U$~ for $irtgm ~ ptsrpons iRE ~ Rt 5; oomme~ or itldUitMI PUf~$ th~ ~l bea ten (101 foot side yard, L \~ .~Ilg a lOt %C)"e<t or used for residen~ ~ (RE through MH) ~ Wlf be a foot rear y3t(t , whe'e no W'indow$orQU1er t ~ Of IJnd for slngm there $h~ be a_my-fiVe L AI! regula~oms ftWIY vary -M'len mxwe dlstr"* ate uMdal a tue di$trict '{If a PUO , w_,.;; h "(w <if ~~..' h.;f ~""<Jffi-''!- iJ. w e;)}~'#"~ .r:.t'f'p,-.... L f ",r r"('c@:*'- ,$,. P, 'l!\\ I....""'. feo... ^ 10*) J'~h,a'f y-it'.;fr<'...... 1"1-1.;,\;,#: 1W,.,;1 "'t<" Agenda Item No.2 - Page 9 A VfJlley A It\. \.:.. ....\c........... ~~ 1- 4j~t ~ qlt~ I Agenda Item No.2 - Page 10 \\1\ i\ ~ tl(c ~ ~ I'Vli'\i'.,Avt\k~' t'lVt~ 1- Agenda Item No.2 - Page 11 l ~ :_~'~W<1J!'-o/~~ ~ Agenda Item No.2 - Page 12 ft)<> City d WLUl\!:!If..U:. m:~llleABl~ A. j.......(c Agenda Item No.2 - Page 13 p' -- 1< ""r 1''<:'' / 'sl. ~ '- ~ Agenda Item No.2 - Page 14 Agenda Item No.2 - Page 15 Pttge t oft Agenda Item No.2 - Page 16 'ft; \. ..~ , t~,....~ n~ ~'HMJ.r:un ~d..Uit U he.. \.'"'*' J. k.-:t . .ilIP"-.,J -.w.. _".<<*1:. _~t~ .f "... '.'. H/t / to ' 5l.vf'~ Q RECl!JVED " Agenda Item No.2 - Page 17