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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-7/14/2005 city Of ~ AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Thursday, July 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 June 14, 2005 AGENDA ITEMS 1. Case A-OS-OOS - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear building line setbacks on Lot 15, Block 4, Remington Park Addition located at 6104 Equestrian Court 2. Case A-OS-006 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence regulations on 8.3 acres in the H. Medlin Survey and 4.6 acres in the M.T. Jones Addition located at 7300 through 7408 Pleasant Run Road 3. Case A-OS..007.. Request for a variance from the regulations of the Colleyville Land Development Code regarding the reduction of the front building line and landscape setbacks on a portion of Lot 1 R, Block 1\, Longwood Estates at Ross Downs Addition REPORTS AND COMMENTS ADJOURNMENT ~ Planning & Zoning Assistant Posted: Thursday, July 7, 2005 by 4:30 p.m. ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - JUNE 14, 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 Uton Dellosso Absent: Staff: Barry LeBaron, Chris Fuller and Amy Shelley APPROVAL OF MINUTES Ed Moore made motion to approve the May 10,2005 meeting minutes. Skip Reynolds seconded. Approved by acclamation. AGENDA ITEMS 1. Case A-05-004 - PUBLIC HEARING - 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 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. Louise Halprin, the applicant, on behalf of Dr. John Vinings, the property owner, presented the request and briefed the Board members. Dr. Vinings, the property owner, also presented the request and briefed the Board members. Ed Moore questioned Dr. Vinings the number of employees he will have? Dr. Vinings replied possibly eight employees. Ed Moore stated the potential need for 18 parking spaces to account for the eight employees and ten stations. Dr. Vinings replied correct. Dee McNosky questioned Dr. Vinings the agreement for shared parking has been signed by Dr. Tye? Dr. Vinings replied correct. Dee McNosky questioned Dr. Vinings if he feels the spaces between Dr. Tye and he will be adequate enough for the patients? Dr. Vinings replied correct. Dee McNosky questioned Dr. Vinings if he feels that he and Dr. Tye would have to encroach upon Ms. Davis' parking? Dr. Vinings responded not seeing the need to encroach upon Ms. Davis' parking happening, but we had hoped she would sign the parking agreement so everyone would be covered. Ed Moore questioned Dr. Vinings about the drawing; on the north side is that a road? Ms. Halprin replied right now there is a big electrical box, stating they may be able to get one or two more parking spots there, but that would involve crossing the fire lane. At this point, we are not sure. That area may have to be left as part of the green space needed, some trees may have to be planted or landscaped. Zoning Board of Adjustment Minutes - June 14,2005 Page 1 of 4 Dee McNosky questioned Ms. Halprin; any cars that would be in excess would have to go to Dr. Tye's parking, not Ms. Davis'? Ms. Halprin replied correct, Dr. Tye has one extra parking space in his parking calculations and Ms. Davis has 36 parking spaces, but only required to have 26, so she has 10 extra parking spaces. Ms. Halprin stated the properties are not so big that patients would not be able to park in Ms. Davis' parking and walk to Dr. Vinings office. The handicap parking would be up front as well. Lisa Kenney questioned Ms. Halprin Dr. Tye does have the adequate amount of space? Ms. Halprin replied he has one extra space. Lisa Kenney questioned Ms. Halprin Dr. Tye has not applied for any variances in regards to parking? Ms. Halprin replied correct. Lisa Kenney questioned staff what is the theory behind requiring the medical/dental to have 1 parking space for every 150 square feet, but retail to have 1 parking space for every 300 square feet? Barry LeBaron replied the parking standards for Colleyville were adopted many years ago using National parking standards and many times conditions are often different from community to community. The city likes to have full parking lots, however, not over parked. If this facility were a stand alone facility without the opportunity for adjacent parking lots there would be more concern, but these two facilities next to each other are high turn over uses. Meaning the patients are in and out within reasonable amounts of time. The opportunity for shared parking is there. Lisa Kenney questioned Dr. Vinings if three years down the road do you foresee losing patients because there is not adequate parking? Dr. Vinings replied not seeing a problem like that happening. Ed Moore questioned staff if the widening of Highway 26 would impact the parking spaces next to Highway 26 on Dr. Vinings property? Barry LeBaron replied the widening would not have an impact on those spaces. When the property was platted, the widening of Highway 26 was taken into consideration. Rich Munson questioned Ms. Halprin what kind of practice does Dr. Tye have? Ms. Halprin replied an oral surgeon. Dr. Vinings and Dr. Tye usually refer patients to each other. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:30 P.M. Lisa Kenney made motion to approve case A-05-004. Rich Munson seconded. The motion was approved the vote being: Ayes: Kenney, McNosky, Munson, Moore Nay: Reynolds 2. Case 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 Staff member, Barry LeBaron presented the case and briefed the Board members stating the two walls facing the rear yard would be the only ones that would have to be enclosed. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Frank Conkwright, the homeowner, presented the request and briefed the Board members and stated not wanting to enclose the walls of the structure. Zoning Board of Adjustment Minutes - June 14, 2005 Page 2 of 4 At this time, Lisa Kenney recuses herself from this case because she lives in the Timarron Addition. Ed Moore questioned staff if the applicant has a building permit? Barry LeBaron replied correct the permit is in compliance with the code. The applicant is requesting a variance to not have to enclose the walls. Rich Munson questioned staff about the code page 46, section 23, the PUD-R section references G, Hand J, K which are defined on page 47, J states no rear yard required where no windows or light of entry face the rear yards, so with that Rich Munson states the applicant could build the structure right on the property line. Barry LeBaron replied correct. Rich Munson states the closed wall structure would be more objectionable than an open structure. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:45 P.M. Larry Knox made motion to approve case A-05-002. Rich Munson seconded. The motion was denied the vote being: Ayes: Knox, McNosky, Munson Nay: Moore Abstain: Skip Reynolds Rich Munson questioned Mr. Conkwright about the construction of the walls, what materials would be used? Mr. Conkwright replied not exactly sure, mostly stone and cedar. Rich Munson questioned staff if there are requirements for the construction materials? Barry LeBaron replied the code does not have requirements. The Homeowner's Association deed restrictions may have some requirements. Dee McNosky questioned staff if the neighbors need to be informed of the permit application? Barry LeBaron stated the neighbors do not have to be notified of the permit process, they were notified as part of this public hearing for the variance request. Dee McNosky stated having a concern that the neighbors are going to have issues with the wall structure than they would be, had the structure been approved to be open. Rich Munson questioned Ed Moore about his reasoning for the objection to the request? Ed Moore stated he felt the neighbors would not object to the wall if the structure were closed. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Mr. Conkwright stated to the Board that the structure is actually going to be on the side yard, not the rear, but at the back of the garage. The walls will be seen from the neighbor's yard by about two feet above the six foot fence. If the structure were open, they would only see a 6 x 6 cedar post. Larry Knox questioned which two rear walls would have to be enclosed? Dee McNosky replied the two walls that would be facing the fence, using the drawings provided. Larry Knox replied the neighbor on Lot 33 on the plat, could still see through the wall that will not be enclosed. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:51 P.M. Rich Munson move to resend the first vote. Larry Knox seconded. The motion to resend the first vote was denied, the vote being: Zoning Board of Adjustment Minutes - June 14, 2005 Page 3 of 4 Ayes: Knox, Munson Nay: Moore, McNosky Abstain: Reynolds REPORTS AND COMMENTS Barry LeBaron stated to Board members in regards to the language in the rear yard set back requirements. The City Council will consider the amendment in July. Dee McNosky stated she will not be here next month. Lisa Kenney stated she will not be here next month either. ADJOURNMENT Ed Moore made motion to adjourn and Lisa Kenney seconded. Vote was unanimous and the meeting adjourned at approximately 7:56 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 - June 14, 2005 Page 4 of 4 cUr Of ~CS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Texas Meeting Date: July 14, 2005 I Prepared by: I Chris Fuller Development Coordinator A-05-005 PUBLIC HEARING - Request for a variance from the Subject: regulations of the Colleyville Land Development Code regarding the rear building line setbacks on Lot 15, Block 4, Remington Park Addition located at 6104 Equestrian Court SUMMARY & COMMENT Milan Jariwala is the applicant for a variance request regarding a lot located at 6104 Equestrian Court in the Remington Park 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 Remington Park 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. 10ft. 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 six (6) feet beyond the twenty-five foot building set back line, which leaves nineteen (19) feet remaining between the addition and the rear property line. The addition is proposed to be a one story sunroom. The sunroom will be enclosed but will have windows on all sides. The rear property line extends horizontally for approximately 28 feet, then veers away from the residence at a 45 degree angle for approximately 88 feet. The sun room is 38 feet in length, therefore, given the angle of rear property line, and the 25 foot rear set-back line, the variance request is applicable for 16 feet of the sunroom (south to north). The remaining 22 feet of the sunroom does not encroach beyond the 25 foot rear set-back. Staff mailed notices to the eight owners of property situated within 200 feet of the applicant's property. At this time, staff has received no written responses regarding the request. Agenda Item No.1 - Page 1 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: "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 It is the opinion of staff that special circumstances do not exist for this property. 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. A TT ACHMENTS . Location Map . Information and Drawings from Applicant . Application . List of Property Owners Notified Agenda Item No.1 - Page 2 Location Map Agenda Item No.1 - Page 3 Information and Drawings from Applicant Please anSwer the following questions as completely 41$ pouible.Failureto outline fully the situation by answering these questions could caU$(4 unnecessary delay in evaluating your appeat. Additional pages may be attached if necessary. 1. Completely Qesclibe the valiance you are requesting. ,j_~ \1.. (~J ~.f (':rt. !E;.('mll tJ . , " ~ ..' "'.,,.,',. /, f), RJ ',' '.,l1fJ:-Jl2~~__J?~-i't.J~t~Lr'fi' ' fP'fJ. . .... ~'"">., , .}1-7i::1J:d~ _J"d. ~-~-~ ~--~~, ~~_~JA}-_I'-Jjf~ 2. Do similar conditIOns eXist In the area? Explain. ',"",.._~,~~,C.L,&II..i;~!t\Lhl", 3. Describe how the unique conditions or circumstances do not result from your actions. l:;l,iI;?-:.~~, IJ,r' f?4~., "".,.,.,;ili, .f111L"".~"'~~.,~""",b111.~~ ."c71~~4~~ II ..n ~~, 4. Is there any way to do what you want without this request? .1>o,J!j.t< k""-N Agenda Item No.1 - Page 4 Agenda Item No.1 - Page 5 PROPOSED SITE J I I I l~ I , 1 f I - i --r- ~ It ~ b i ~ ~ -- 6(0'( eca .rfltfANCOVfltT -- ~ r~~ ~ ~~ t-..- ~ ~.~ 1'~"--t- ~,!}vGA';:JJ/, C,.,.t4J, EO .s#JNIl.~ t:> PEN ,!tit It C,d'Atller Agenda Item No. 1- Page 6 ~4wg>_ ,0.. tJID/(J5 To: .mef)Wt*$..6104Sq~ Coun PCOttL: ....n__P_H<>me\)~ A.__lion Re: Approval o(c.Stlootion~t .At_J.. 7. 200S lt~P_HOA B()adof~_l.~ Dm M.~(Grouad Mamt~ Comm1tt")~ted .. ~1f,....f.h_CIOM'.Itn at 6104 Equc$t'rim CourttQ~aSpOd~and rJ. ItWIJiadieated that the ~ ~belOC!l_~rdfl1e~b"..v"', _....11i$Rq...was appro_by a. .,orityYoteotb~ ofD~5. ~"~$f,J: ~ ~ fi#'~~ ~NJtmII~~ Cif1,,'~c-...- 0hct~Co~ f\Iltiyftmfu ~.1(l6tz it~J:AIvI 0a ~Cl'tV,) ..,,~ ~ ~~t: l"ymtlllyttm $1+tJtMJ: JM.ny ~ .;4t'(~())tnlftitlN: qJaamt fW(~: ~ JU'fI& ~ Co~Uc Tnt vtfttfner Agenda Item No.1 - Page 7 ~w (:<llI..-_ ...'..'~ ~ 111m_ "1. .).,.39 . PERMIT APPlJCAT'QN 81 Sf R!SfDENTlAl B ~lKfl'Il~A CJ~'~'~~ng~ I~~~~ j{ F't~;t:(f' ~C_ly~'~(If~ .r~lll~'~T4~l,~ g! ;tmt fit,k' Ni~ 4"'.., 1: f L$t! 7i.!Jt&' _ $ll$!!l!:' $(l(\Ilt1!1 ;>' l<<$Af ily\~# ~~# I f7i.v;r:.~ At..... (:J t'&';<':""1i'<l ,m,{;xr.1f.t/t """_o/~ ellt~_w t $( Ftwtr MJllll!l'4~ $( ~<< !'Wi ~;::#U_ r~.tf *\l ~. kt raft!; ~,w_ ~!N Wbire S ##Jfu.' AIti1rc.i> ltFfQt~n-.:i )'O'..t'~~c-t,~ .Qt'il!'P.mb fn ll(tC~.. ~C~,#ftt! ~ Ilt;. $D1. Bi4tf} tlh'it:VNt; PlMW1ti~" I~i.'ttiY<#'-~U.' '$$f7 S"""";:,,, {t<:: t7J P"';;Jf Jtn~9~th rf;f! r-r4} ViltUM'~~;$:t*: . ,~'iJ Cr.,h: .l,"!ZJ' ~,~ , 1,~Y~*<t~tt$;JF~ ; "'oJ Co.'Il"lIl;tQf./($ll "'.:c' ru.;;; F~tHf C~KJ( {n~ ,,,,.~'f-~,-r;t(} J~f-:JitJt!4H!1;N~tth.~t #1f<t: j:$72n VV4~t .t1'~t ,P'1tt; Cr'Net;', f~7 J9i -SW:tHlF Jr%.~'1' ht'ftj 1->~t.:~f$jtti Agenda Item No.1 - Page 8 Application I I .. APPllCAHT ! I Aad~5S I ! Ct', I I Applicant$; Star.J5' ~ 0flfI} '1.~Mn o~ ! I~M !~ i Owne~ St~ ~<l(/(I>J 81.Jwner Sta o Reprtmtrl~ \3 Tenant lfp Code TcQ;>ho~ ~, FaltM$ ~ ZIP COti(t wfndMdlsal \3 TNSI 0 PartMrShlp 0 ~~ 6)() (lIt: )'-, f_~ uro Oate Owner $~ CMte r_ I>>'...ttr --tI1l.l\I'd,," 1M .~~tion or swUm.. no~ ~ ot~klft Ntll.u~, mill ~1lriCw1~tw en me ~'". ~.~.,~tNt,....~. ! PROPErrrv U>1FORMAllON l..egai P'iftmt lOOlfl~ ?r&tiri laM ~ Stlllt~ of ?'$d: trPi~ 0 ~ Con~ 0 Ex:m#1g ~ave you appiied fq( tiS ~g ~ !lrf$. 0 HtJ Have you fil~ ~l'l ~..Itll or ~ QI1 tll~ ~ MfQf~1 IrNeJ g Y. BOARD OF ADJUSit.'lfNT OFFICIAL use ONI. v Ca$e Hum~, ActfGn 0 ~ved ...ln9 oat. ~ l~l<3D~S o ~ will CMd~ a t.'>enied CQllditiooa ~a ot Adj~ Chair ~ ZoolfJg ~ of Ad~tlt ~c~tary Agenda Item No.1 - Page 9 , Dean DeCavitte Properties LP PO Box 723 Colleyville, TX 76034 Rabii, Mohammad DBA Eagle View Homes 9117 Nob Hill Drive Fort Worth, TX 76180 Stover Construction Inc. 4501 Dartmoore Lane Colleyville, TX 76034 D'Lightful Homes 12600 Lakeview Court Fort Worth, TX 76179 List of Property Owners Notified Remington Park HA Inc. PO Box 343 Colleyville, TX 76034 Larry Stewart Custom Homes LP c/o Stewart Title 505 Pecan St. #100 Fort Worth, TX 76102 David A Hamm 1998 Trust PO Box 16509 Fort Worth, TX 76162 Jackson, Don Etux Billie Etal 300 Country Club Rd. Decatur, TX 76234 Hilliard Hoes Inc. 1720 Wimbleton Drive Bedford, TX 76021 Freeland Custom Homes Inc. 2212 Collins Path Colleyville, TX 76034 Agenda Item No.1 - Page 10 .~ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Texas Meeting Date: July 14, 2005 I Prepared by: I Chris Fuller Development Coordinator I A-DS-D06 PUBLIC HEARING - Request for a variance from the Subject: I regulations of the Colleyville Land Development Code regarding , fence regulations on 8.3 acres located at 7300 through 7408 I Pleasant Run Road I ! SUMMARY & COMMENT Kent Whitmore is the applicant for a variance request regarding front yard fence regulations located at 7300 through 7408 Pleasant Run Road. The proposed fence will be constructed along multiple lots under common ownership. The applicant has submitted an application for a variance from the fence height requirements to allow him to construct a fence that exceeds the 30-inch maximum height for a fence located in the front yard established by the Land Development Code. The applicant indicates on his application that he wants to construct a wrought iron fence, with columns six (6) feet six (6) inches in height along the front property line. The fence will have brick columns spaced 20 feet apart, similar to the existing fence along Pleasant Run Road. The proposed fence will connect to the existing fence and continue to the southern boundary of the applicant's property. 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 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 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 Agenda Item No.2 - Page 1 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 The applicant is proposing a fence that is similar in height and design to the existing fence along Pleasant Run Road. RECOMMENDATION Approval of the request as submitted. Staff has no objection to the approval of the variance for the fence posts to be constructed out of ornamental wrought iron at the proposed height. 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. ATTACHMENTS · Location Map · Information and Drawings from Applicant . Application · List of Property Owners Notified Agenda Item No.2 - Page 2 SITE Location Map Existing Fence z ~ a:: I- ~ (/) c( ..J a.. Proposed Fence ..J Agenda Item No.2 - Page 3 Information and Drawings from Applicant .' F".,looutUQ.' In lWIuatlttg ,OUr liP...... lint $. ~M'rw1.tletlriqu.CO~Aa or Qircums~do not ~It rfOll'l your8~ ""'~" ..,-",."~,,. ',-, .".,.,,--,', "",." ,..,,-,, -"".",.,.,., ..,:-""",.".,.",.".""-",, '" .""",'.',., -,-"-,'-.-..,...".,'~"~".,.,.,",,',..,-T, :_,--'-,..,-"",.,',',"-,~, ___,."". "-. -'-,' .",-", -,',-.,'-,',,'..~,.._.... 4C ,. ~....~'7~~:-7-0(41)i81<4~ ~~~,iJ!):~~' oWd _JlQ.t,~,.....~~;;:,..'..~,-1h,e~ff~ .... '. f!1'~~,'..'''''- tJ."" '... r~' ..~~.,~-,-~ ..~,..~_..,---'. ' , '----..,..'......,.,c~~_-.~__________.__..-'.."..""..'.'"4.~.._______. Aok"....d8...... 'oerdIYthetUte ,~lnformarlan /$ Ct1lT$l!tand c:cmprete tc thlibHtof my ~due Gild ablftyandlltlaU am noworWll1 be f1.l11y p~ to pfM8f'rf~ ~ ~at the Zonlngbrd ,I)f AdjUlbnem hearfng. · \lnder*nra that'ln ihe event &hat t am not pteientor mp~ at Ih& puQ1ich_ng. the Bnardsh'- h~ 1M Powetto dismiss 'tt.is ~ollhsr Elt' th$ ealQf the ~ or afterdMl,heQriog, and thatsuctl ~ $fiall eonlitifiule a denlaf. J ~..lbe. right to wllhdllaW thl$ .~I at any time .uprmwrltsn' req~filed ~Ih .U.03mnllJn.l1yhv~nt Oipartmlnt,and eum ~rawI"all in1m.~I.1:y $f.Qpallproceedings.1 undeNtand#le ftttng,fe;eia.tlQIrefl.1ndabJe:,_n WlIJl~1 ofh propoulaltar~bIc n~. · ~nd #1st I' the requfit 'i3 ap~..' must obtain s buicfl1g pennll from tnJ!) Olly.~ iQ)/ Md!; .. started 01'1 1M pro~j and hit the ZonIng BQll!IM 01 At;IY$tmeot atIibn, does not mnstltuae, 'lltle ~I'of a bwlclngflBrmlt. ApptiGant~ ",liaJs, Date "/t / 65"' ItEtcIVm JUMI _ Agenda Item No.2 - Page 4 ~ETTEJ\i~.JMlEm: ~mmunity.. Development Department tltyofCoUeyviUe 5400 Bransford Road ColleyviUe, Texas 16034 817 -503-1050 Office 817..500-1059 Fax Subject: Proposed new fence at frontage of property along Pleasant Run Road, CoUeyville. A new fence is being proposed to .extend from the end of our existing fence on the west side oIP1.ea.sant Run)load to the soutb property lin~ .Thonew fence is desired by the owner to add contimritytothe appearance of the property asviewedtmm Pleasant Run Road,. Pleese~theattached.photograpbsoftbe enrtj..mnce that are representative of the pmpoplnewf\mC'etbat will match ascJo.yuJl()88ible. The new fence is pro}'JOsed for thetrontaleot1hepropqooly. The setback .is designed to meet or exceed the City ofCotleyviUe code requirements 8lI1dthe fence is ocosidered linear to the existlng .fon.ce within those limitations and/or mtrictioos. The ~isdngfenc.e is 6"6" tall a1lld we desire a varit1J\C8 to allow us to build the new one at the same bei8bt. Sincerely, ~e.~ Ice. Whitmore TBN Special Projects Representative 7408 Ple8$8Dt Run lload CoUeyvm~ TX'16034 (972)313..1333 Office (714) 277...893 S Cell Robert LaRose Mettoplex CoQItl'uc:bon (972)255-7248 Office (912)849...0114 CeJJ Agenda Item No.2 - Page 5 -1 ~ ~ -. 1 i '\ i f i : \ i t I , .. - I .,.1, ' . t , I I .I I j .. i t. F ~ t I J I .~: '~ . T':: '1' , I ; L " i I ,j , 'r I I , [ , , I t . ~ ., ~ I f .~ ,,'Il ,j j . t 1 j t t ; .. I . J, ,~. ': t; 1 i 1 I t . -~ . I ~... ' ':l , t 1\.1 : < J i , I ~ , .: I. ., r 1" . ,. . ;.1 ~ , , , I I . ! . ~ 1 >: -, i -. I ! . i ,1 .,. ~ -r ., ."t I . ~ - 1 'i' " ',I .>c:'_ ,. t '\" i ' ". I ~, ~ t .- .le , . r "lo. ,.:t L 1 . ~~ .. . ~ . t I r '. ,. , ~ I . t , 1 . ,.! I - ~ , . , , . , I , I , '! I, i I t i 1 ,,,' i '\ t \. ~ : ( ~ ., ~ .: j ! , - = ! . ~ , ., -I I I j ~ , , , . j . ~ - I .:-\. 5 t: to; L " r f : i 'I . :,l \ t t . ~ t f ~ 'j " , '! " t "'t - I :. t I j ; i i - t i , J t- ! I . i -~ ,l , .t " . i I i > , f . ,~ i "",,," 1 i ,. ~ I , ~ 1 - , ~ I. ~ ~t ; l \ ~ I t ./"" L , I . ~ I _ i . . l-' l ~ ~~' ~'q"b. I"'j ! , I :1fribdl. ; ! I , I ' '" '! ~ . -r .' I 1 ~ I ! ' . i . \ j .{ ". k d. l\ 'itl' Agenda Item No.2 - Page 6 Agenda Item No.2 - Page 7 Agenda Item No.2 - Page 8 Application ~ 1/1I)K-__ i?f<<I~ ~ .A;;I. ____~_ ___ State tit_ . ,.~~ QT~ . :"p~;N~.3I.s,..J3EF_No(~~-S~ tee.. z:~code16Q1f4 ;."........~~ ............... ....i....... ....... .. ...~~;c,Jl;~ytl1ku.>> L_~ ~ -~~l~ii 1:l.'l.2'L .. _____. =.Q!...=-..dRt.'rfG....._.....................-. -.........~...~.tW~"'~-'~.~~. ----. HaveNU.li>>ledfOr.'~dlng~t:I....e~ ""Q ;Q...III.i~..~IIt? ' ,-i:-.,_','__ ,,-- ":,,,..'~~;0~''';__'-_;~___'^__.'/ Acilan a Apprnved Q Approved.wJth.CandWona. (;;) Denied Agenda Item No.2 - Page 9 List of Property Owners Notified Baker, William W II 7112 Pleasant Run Road Colleyville, TX 76034 Trinity Christian Center of Santa Ana 2442 Michelle Drive Tustin, CA 92780 Moose, Stephen & Brooke 7204 Pleasant Run Road Coli eyville, TX 76034 Morris, Wilfred Etux Beatrice 840 Tyburn Rd Palos Verdes Estates, CA 90274 Brown, Clifford Etux Linda 509 Liberty St. Smithville, MO 64089 McBroom, Connie Jo 512 John McCain Rd. Colleyville, TX 76034 Fitch, Thomas J 7200 Pleasant Run Road Colleyville, TX 76034 Pagel, cindy 0 506 John McCain Road Colleyville, TX 76034 McBroom, James Etux Opal 512 John McCain Rd. Colleyville, TX 76034 Agenda Item No.2 - Page 10 ~~ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Texas Meeting Date: July 14, 2005 I Prepared by: I Chris Fuller Development Coordinator A-05-007 PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the Subject: reduction of the front building line and landscape setbacks on a portion of Lot 1 R, Block II, Longwood Estates at Ross Downs Addition SUMMARY & COMMENT C & P Engineering, Ltd., is the applicant for a variance request regarding the reduction of a front building line and landscape buffer on a portion of a lot located at 7171 Colleyville Boulevard. The applicant has applied for a variance because the proposed Texas Department of Transportation roadway improvements for State Highway 26 will require additional right of way width, which may affect the development of this property. This portion of the Longwood Estates at Ross Downs Addition is zoned PUD-R (Planned Unit Development -Residential). The distance of the front yard building line and landscape buffer area are determined by the ordinance. The front yard building line is currently 40 feet. The applicant is requesting to reduce the building line to 20 feet along a portion of the development at the southern end of the proposed commercial project. The landscape buffer area is currently 20 feet and the applicant is requesting to reduce the buffer to 10 feet within this same area. The approved ordinance for this development includes a concept site plan for the property. The acquisition of additional right of way by the highway department will alter the building line, prohibiting the development of a proposed building and parking area. The applicant asserts the alteration of the existing building line distance will prevent the construction of one of the proposed buildings in the development as originally approved by the site plan included with the PUD ordinance. The developer submitted a plat of the property, which has been approved by the City Council and is consistent with the PUD ordinance. The approved plat shows the right-of- way dedication for the widening of State Highway 26. However, the Texas Department of Transportation is requiring additional right-of-way due to unforeseen circumstances, which will reduce the building line set-back for the most southern building on the site to 20 feet instead of the originally approved 40 feet. The developer is requesting a variance from the front building line set-back to allow construction of the southern-most building. Agenda Item No.3 - Page 1 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: '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 shaff not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shaff 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 It is the opinion of staff that special circumstances do exist for this property. City Council approved the ordinance and concept site plan for this development. Approval of this variance will support the proposed development. RECOMMENDA TION Approval as requested. ATTACHMENTS · Location Map · Plat and Plat Detail · Concept Site Plan per Ordinance · Information from Applicant . Application · List of Property Owners Notified Agenda Item No.3 - Page 2 Location Map Agenda Item No.3 - Page 3 Plat and Plat Detail Area to be Reduced Setbacks Remain as Platted from this Point ~- -'~- Al ",'155 rX,,1\Vl'o.'S Agenda Item No.3 -:- Page 4 A.j. LOTi SURVEY ABSTRACrg63 --- Setbacks R. Remain as Y THIS PLAT Platted from SQ. FT. this Point Area to be Reduced 138 M.W. DAVENPORT SURVEY ABSTRACT 432 589.4't03.W 59.15' NOO"09'OO~ ---ffJ$8~\ .J. N. G AB ROBERT CHOWNiNG SURVEY ABSTRACT 294 \ \ \\ \ Agenda Item No.3 - Page 5 Concept Site Plan per Ordinance r=-"'''''',- I ",'" -,.,..,.,. , ~~ ~U.~ '"W'Mn W'llNG liXHlIIrf l'QI! lDNING O'ANa Il!qutST f~OM nc~'<: . TO I1Vl>t: 40 foot building line Existing building and landscape lines 20 foot landscape buffer Agenda Item No.3 - P(lge 6 Information from Applicant ,.......... ..tdlowlag quutkilD.. completely... poRIb.... Fall..... tDHtIIMfuUy tile........ _......_-.-10. could ___~dt..,1n ......'.......L AddItional pcIlIUm_. ....... .......,. 1. Compteter, desatbe Ibe variance you are reqt.&Htlno. tilt 6'!& ~.U~T I ~ hi. "(Ac:tlA,. LlC.'(;. :;r..., 1l\lO t'>A1Z..,:s. ~LJE.. f ~ l(A~l""~e.. .f-~ te.. ~'nt.p' ~lLJ')h,l1t t..'UE;,. 10 A~ t J3,~'~tn~~UD A V6~\~E. ~~ :1'~1i ';%()' l..A)Jb- ~~. ~J?r~ ..~" ..IQ'", , ~.~._-~_.--~-~-_...~--_._----~_.._---->- 2. Ocnitl'nlW ~ entin 1I1e ..1 i)(platt. 'lrt:J. "'~Q1'T .~~~S F()1..~lJ. "1-1'1 C~ ~. J~t~ TH& E:X~TJlV; 2...0. W.... Witt'" 'nu~t\)~Mm& ~ 3. De8<lrlbe hOlNI1e unique or dr~n<::es de> not resultf:>m your adiM$, ~j'.. 1~l2.~\Jl.~ 1~ . T'rle..~PDIT10b)AL >>llJ: ki)) tI. I1d.. Va&le..~E, .CA\J~Ii~ Ttl~ Ie. <t. lti the,. any wayt<> do.... you watltwlhcM this. request? A~_" I certltf .that the above ~ ia COmd and oomplele.to the belt d my ~e and ability and that I am now Of wi be fulV "Ired to prennt tMabOveproporJS'. the Zoning Soard of AdJuIlmHt Marmo. Board shall have the power t<> f,h:.ftconatftute a denial. I ~nd that In .thewentthat Jam not pre,tent or represented at Ule ~ .m_1I1. pC'opclilaldhet at tne calef.f:he caH or abrthe hU;l1nQ. ;nd that etId't I reRrve the right to dhdraw this Pf<>PCUfat any Ime upon written request fled ..\\t.n the Community DevelOpment OIpartmtnt, and t. ~ Mal immediately ttop all ~ng.. I undenatand the fiIng foe II not refUndable upon ~ dlmt pfOfl<'*tJ after public nolce. t undol'8tlnd thatlflhe requat ilapprOY'<<i. I must ~n I bullding..permlt from the aty before any work J8ltarted on Ute ~opetty. and that the ZOnlnO B<>afd of Adjustmentadon dOH not ooMflute the approwlof a buHdiAQ~. AppUcanl'S InlUa11 Date .. ~2.~"Q5 Agenda Item No.3 - Page 7 Application . , 1 ."'~JWt,4P C~l~~!~ lL,.n(~t 1.~neNo. <[;~;.~~..,., -911~~"'Y.~ f Add.... .. ~\ 4"~.~ ~\lh. "StJ .,:t.~ "..led. ._....__. .1 Ci~. ... ~~ti6~\.J.__"" o. . -, $tIt. ...JX--w,,, __ ZIt>~. ~...- ~$f~.'--.f*IfIiJ Q~ Q.p"~~ QTtnlartt I . ~Ji1'Y ...P I ~ ~WCOI:;LE.~~ ~luii".Tei~ No. :z.L4i,:,fir~<f. No,~"81l ,)1~(#_ I Adar~ ., ~o I ~AIJ)",,,u . ....- MI'" ~ _.... ...~.. ____~_ I c~ __~l... ~~. 'u. ~_.,,____,~_.. StIM .. l~.......___ rlpC~ ,iS3@_t,....,.~ ~ St~.' t~ ~ Q ltdvtdu:al Qit_ 1f~1li1> Q~~r.ltonr ~,> ZONING IJQARDOf ADJUST..NT APPLtCATlON FOtl\ VARIANCe . ~;k~"'9S 0_ ;">~4f .. tIICfq~flIk._..on tl'lIe ,~ I I ! ,. . ...-4 ~-2"f,~,r. ! 4i(l.L ... . . ~ 0..., , j S1ff)th~ddf_ Of L~.tb'l _.__:nlL-'D.W.A;~t~J~E. ~D.. _ . ,-- . "'~____'_. Log~rOI#~ _.''''.,..v..' - ., .._..___.__._.,"..,.___._. P~'Mt~hnQ _ E~Jw..:.C-..,'o.Jla".u~..1.- ~t ~ lJM .~}/~..),. .. .' ___ ~M tit p~: Ii PtO~ Q Undw el'Jl'l$t"U~a ~l'\'tI ,...,_ ~'Ou i~ ~.I tlA~ll\1~lmit' Q V~ 8 NiJ i"o~ ,'OU flle;d M a._ Of .~ ~ tft"t pttJ".1'tY ~t>....? Q ~crd HunDt Date o ~Q!fM wfth .Ct)~ Q~ftl6d Agenda Item No.3 - Page 8 Longwood Plaza Partners, LP. 1901 Akard Dallas, TX 75201 White, Patricia S 7001 Cole Ct. Colleyville, TX 76034 Krikorian, Gabriel Y 7008 Cole Ct. Colleyville, TX 76034 Birkenfeld, Richard 7001 Coleman Ct. Colleyville, TX 76034 Wozniak, Craig C Etux Pamela A 7004 Coleman Ct. Colleyville, TX 76034 Wilschetz, Keith B Etux Susan 2208 Danielle Drive Colleyville, TX 76034 Cannatella, Angelo 515 Hillside Drive Colleyville, TX 76034 List of Property Owners Notified Heatley Capital Corp. Tr. 2108 Hurd Drive Suite 200 Irving, TX 75038 Lee, Darren M Etux Miriam S 7005 Cole Ct. Colleyville, TX 76034 Hudak, Jason Etux Michelle R 7004 Cole Ct. Colleyville, TX 76034 Blades, Catherine H Etvir B 7005 Coleman Ct. Colleyville, TX 76034 Tabone, George Etux Amy 7000 Coleman Ct. Colleyville, TX 76034 Kuhn, Alyce 2204 Danielle Drive Colleyville, TX 76034 Rtan-Rtan Enterprises Inc. 346 Parkwood Lane Coppell, TX 75019 Texas Parks & Recreation FDN. PO Box 185 Colleyville, TX 76034 Moon, Woo J Etux Myung S 7009 Cole Ct. Colleyville, TX 76034 Monhollen, Roger A Etux Starr 7000 Cole Ct. Colleyville, TX 76034 Bhatia, Ravinder N Etux Neelu 7009 Coleman Ct. Colleyville, TX 76034 Wallis, Michael W Etux Barbara 2212 Danielle Drive Colleyville, TX 76034 Hampton, Anthony C Etux Cctherine 2202 Danielle Drive Colleyville, TX 76034 Regional Rail Row Co. ATTN: Dallas Area Rapid Transit PO Box 660163 Dallas, TX 75266 Agenda Item No. 3 ~ Page 9