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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-8/9/2005 city Of CD ~ AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Tuesday, August 9, 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 July 14, 2005 AGENDA ITEMS 1. Case A-OS-OOS - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front building line setbacks on Lot 1, Block 4, Plymouth Hills Addition located at 4220 Cheshire Drive TABLED ITEMS 2. 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 REPORTS AND COMMENTS Amy Shelley Planning & Zoning Assistant Posted: Thursday, August 4, 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: Skip Reynolds, Dee McNosky, Ed Moore and Larry Knox (All. 1.) and Uton Dellosso (All. 2.) Rich Munson, Lisa Kenney Absent: Staff: Barry LeBaron, Chris Fuller, Amy Shelley, Keith Fisher APPROVAL OF MINUTES Skip Reynolds made motion to approve the June 14, 2005 meeting minutes as written. Larry Knox seconded. Approved by acclamation. AGENDA ITEMS 1. Case A-05-005 - 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 Staff member, Chris Fuller presented the case and briefed the Board members. The applicant was not present at the meeting to present the case and brief the Board members. Ed Moore made motion to table case A-OS-OOS. Skip Reynolds seconded. The motion to table was approved, the vote being: Ayes: Dellosso, Moore, McNosky, Reynolds and Knox Nay: None 2. Case A-05-006 - 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 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. Steve Murrdock, speaking on behalf of the applicant, presented the case and briefed the Board members. Mr. Robert Murros, the contractor was present as well for questions. Mrs. Thomason, 7208 Pleasant Run Road, spoke in opposition to the fence variance with concerns for visibility of traffic entering and exiting her property, emergency access and water meter access. Steven Moose, 7204 Pleasant Run Road, stated same concerns as Mrs. Thomason with high regards to safe visibility for exiting the property. Zoning Board of Adjustment Minutes - July 14, 2005 Page 1 of 3 Mrs. Thomason questioned staff in regards to the placement of the new fence? Chris Fuller replied the fence, according to drawings, will run parallel to Pleasant Run Road. Dee McNosky questioned staff for clarity that this variance request is just for the height of the new fence. Chris Fuller replied correct. Mr. Murrdock replied to questions in regards to access to the properties, the gate will be open and the placement of the fence will be consistent with what currently exists. Ed Moore questioned Mr. Murrdock about the height of the pillars? Mr. Murros and Mr. Murrdock stated the new fence pillars will be the same as the pillars that currently exists for consistency. Uton Dellosso questioned Mr. Murrdock in regards to pictures to show where the placement of the fence will be and the access. Mr. Murrdock and Mr. Murros presented pictures to answer Uton Dellosso's question. Barry LeBaron stated the applicant will not be blocking the private access easement. Mrs. Thomason presented a letter stating the driveway has been dedicated as a public access easement. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:20 P.M. Uton Dellosso made motion to approve case A-05-006 with an amendment that the pillars will not exceed the height of the current pillars. Skip Reynolds seconded with amendment. The motion was approved, the vote being: Ayes: Dellosso, Moore, McNosky, Reynolds and Knox Nay: None 3. Case A-oS-o07 - 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 II, Longwood Estates at Ross Downs Addition Staff member, Barry LeBaron presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Grant Woodfin, C&P Engineering, representing the applicant, presented the request and briefed the Board members. Skip Reynolds questioned Mr. Woodfin if they have already reduced the size of one of the buildings to accommodate TX Dot's needs? Mr. Woodfin replied correct. Mr. Woo Moon, 7009 Cole Court, questioned the Board members how this variance is going to affect his property? Chairman McNosky replied this variance will not affect his property at all. Barry LeBaron concurred with Chairman McNosky. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:35 P.M. Ed Moore questioned Mr. Moon which property he has? Mr. Moon replied the laundry facility? Barry LeBaron replied correct. Skip Reynolds questioned staff if this is a state right of way dedication? Skip Reynolds stated the Board has no jurisdiction over this dedication? Barry LeBaron replied correct. Zoning Board of Adjustment Minutes - July 14,2005 Page 2 of 3 ____~_~__.~,._."__,_.~,__.__.~'"'_'__~_' _.,_._._w_ Ed Moore questioned staff if this is a variance for the landscaping and the 40 foot? Barry LeBaron replied the variance as applied for the 40 foot buffer area would not be needed if the 10 foot relief for the landscape buffer were approved. Ed Moore made motion to approve case A-OS-007 with the 10 foot relief for the buffer. Larry Knox seconded. The motion was approved, the vote being: Ayes: Dellosso, Moore, McNosky, Reynolds and Knox Nay: None REPORTS AND COMMENTS ADJOURNMENT Ed Moore made motion to adjourn and Skip Reynolds seconded. Vote was unanimous and the meeting adjourned at approximately 7:37 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 - July 14,2005 Page 3 of 3 .~ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Texas Meeting Date: August 9,2005 I Prepared by: i Chris Fuller Development Coordinator A-05-008 PUBLIC HEARING - Request for a variance from the Subject: regulations of the Colleyville land Development Code regarding the front building line setbacks on lot 1, Block 4, Plymouth Hills Addition located at 4220 Cheshire Drive SUMMARY & COMMENT Dennis West is the applicant for a variance request regarding front yard fence regulations located at 4220 Cheshire Drive. The applicant requests a variance from the front yard setback requirements to allow the construction of a new wrought iron fence. However, the fence would encroach beyond the 30-foot front building line setback. The owner is requesting a variance to allow the encroachment The lot in question is lot 1, Block 4, Plymouth Hills Addition located on Cheshire Drive. The owner proposes to construct a new fence on the front and both sides of the lot. The portion of the proposed fence that requires the variance would be located along the property line on Cheshire Drive. The proposed fence is a 5-foot tall wrought iron fence The proposed fence would also be constructed along the side yards to connect to the existing rear yard fence, which would enclose the lot. The side yard fence location appears to be in compliance with the side yard setback requirements. Since the proposed fence would encroach the front yard building line, the applicant has requested a variance to allow the fence construction. Diagrams and photos showing the proposed location of the fence and are attached. In a letter to staff (attached), the applicant indicates that the variance is needed due to the location of the City's High Water Road Closing Gate. The road closing gate was erected as a public safety measure to prevent motorists from accessing the roadway during unsafe driving conditions. The applicant asserts that motorists are currently able to bypass the gate by driving through his lot. In an effort to curb this activity, the applicant constructed a gated entry to his driveway, however this has failed to prevent motorists from driving through his lawn. The applicant contends that construction of the proposed wrought iron fence will enclose his property and prohibit motorists from circumventing the road closing gate by driving through his lot. Section 3.26.D of the land Development Code restricts the location and design offences located in front yards. The regulations restrict the height of the fence to 30 inches, and the fence must be constructed of not more than 25% solid construction. This regulation is intended to prevent fences from blocking the view of motorists on adjacent roadways of cars or people exiting the property. Agenda Item No.1 - Page 1 Staff mailed notices to the nine owners of property situated within 200 feet of the applicant's property. Staff has received one written 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 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 properly 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 The applicant is proposing a fence that is similar in height and design to the existing fences in the area. Staff has no objection to the approval of the variance for the fence 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. RECOMMENDATION Approval of the request as submitted. ATTACHMENTS · Location Map . Letter of Opposition · 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 Letter of Opposition K. w: POUND 4218 Yortt Ct. COfleyy.l; T6XU 110M Ph.. e11J2:83.Z495 F8lt 3U#$4$.Q$18 RECEIVED AU60a ZOO5 PI' 41'.........'.... ,I July 26. 2005 Zolling Board of Ac:ljl.l~ment City of Colleyville 100 Matn Slleet Coileyvilfe. Texas 76034 Re: Case # A,,()S.ooa. Dennis We$t, Lot 1. Block 4. P~mouth Hills Addition Dear Zoning Bomd: We urge denial of a "front building line setback variance from the regulations of the ColleyvUle Land Development Code" for ML West's fen~. In the early $8ventfes. when Sam Culbertson was. de'lletoping Plymouth Hills. the City of Colteyville required him to sign a promise never to ~uKt abt.ilding permit for Lot 1, Btock 4. The City's ooncern was that 1M lot was subject to extre.m8 flooding and that any improvements to the lot to prevent Ihi& ftoodrng mightexaeerbale damage to surrounding areas. Mr. Culbertson never sold the 10l, but it passed to others. WMn we learned that Mr. West had purdlased the subject lot, 'IN'& reminded the City and informed Mr. West of the restrictions. C<)lleyville had piaced on that lot. The City and Mr. West proceeded, In splle of that information. Bealuse the lot requited $0 much fill and because the house Mr. West btlilt is $0 large, the front yard Is YtJry shallow. Mr. west desim a fence, in &pite of the topographicallimitaUons of his building aile. There are valid reasons for City regulaliona. It is our belief Ihat 'Variances should be granted only in unforeS@en or unavoidable situations. As set forth above, nefther of these applies to Mr. West Should the City c:Mclde In ~. West'e. favor, we wiU consider his variance to be a precedent We own several lots in Plymouth Hills which wtll require $.orne fill for a build site. and W& mlgtt wanta deeotative fence for the resl.lltlng narrow front yards. We assume Colleyvllle will have no hesitation in granUng $u(:h future variance requests, if you grant Mr. West's, In addition, we would very mud1lil<e to have access to the pasture we could recover by getting front bulkllng line setback variances on Lot 1, Block 1. Lot 2. BloGk 1. Lot 8, Block 1 aI'\d lot 9, Block " Plymouth Hills Addltion. Our residence at 4216 York Court WOllId look very attractive with a decorative wrough1 iron fence. which would require In! same kind of variance. I am sure lt1ere are many in Plymouth Hills who would like toknOVl that front building line setback variances are available If their fronl yarcb ate too shaRowfor a f8l1C&. Again. we urge you to deny the request. since Mr. West built his house in lull knowledge of the $peeial _ions ""..... by his development oflhe lot and his 0110;"" of sire soo ~ hy S4ncerely, -'~ /) t KelliS aM LIMa PoUM ' r ~ Agenda Item No.1 - Page 4 .,.~.",.~-~~-"".-....-....""'"..._.........~.".."" Information and Drawings from Applicant !1 ~ ;:J :l 1: ~ I'"\, :. ""r;, ~~ (: ~ p,:.- ~. I o .... - !ii i I .. 1 ~ ...... ~ - ---- ~mNTY~~~.- t1Itf ., tm/I"'''''''Y . $MS/:l!I. tlIItr . _\- Jl - \ ~ I t:; t; rn. "!i1> - ;~ .... ( l~ ;! ,~ / ~ ~ ~ ~ ~ ~ ~ :.z. f"\ , , / ~t~:t: .... 9'::p -. ..., -t. t.!;;. f"" i'> .:r-- "1" l. I '" "- j....-1."'.. l~ ,,,,. . -it -......., , '-, /"~ ........ I -.., t'-''''': Agenda Item No.1 - Page 5 _.,..,----~---'- Sirs: This is a letter of request for a Variancc in order to complete a five foot taU wrought iron fence in front of my hQme. within the; 30 foot building line. set-back. Our home, located at 4220 Cheshire Dri,,'c~ is the northern most lot in the Plymouth Hills addition.. bordering Uttle Bear Creek. lhe city.s Higb Water Road Closing Gate for Cheshire Drive south of Little Bear Creek is located in the middle of my lot, witb another High Water Rood Closing Gate north of the creek to close off Cheshire Drive from the northern approach. Since the City of Colleyyille first erected these road closing gates many years ago in the interest of Public Safety, it has been common Inactice for motorist to bypass these gates by driving around them through the undeveloped lots on either side of Chesbire. This has resulted in many incidents over the years of vehicles being swept off tbe roadway while attempting to croSs the creek. including one fatality. This megal and dangerous activity has prompted lot owners along the west side of Cheshire Drive to e;reet fences on their property lines near the street. including the two lots directly across the street from me; lot 2 block I, being 4217 Cheshh~ Drive. and lot. 1 block 1, being 4221 Cheshire Drive. These fences have eftectively stopped the drive-around traffic on the west side of Cheshire, leaving violators onl}' one more route around the gate; that being through my lot. I have been devel.oping OUI' lot for eight years, and had It soded two years ago in preparation for construction of our new home. I thought by having tbe sod put in it would stOop the drive throughs, but it did not. Wllenever the road would be closed, I would have fresh trenching in the sod to repair. As construction moved forward and I had the c.oncrete driveway poured~ I thought this would surely stop the destmcti\'e trame, The driveway is in 8 semi circle in front of our home, with one entl')r before the road closing gate, and one after. The public continued circumventing the road closure by driving up through my drivew4Y. After I had tbe final grade work done and the lot re.soded~ I would try to keep a vehide on the driveway, however. they still drove up the driveway and around the vehicle and through the yard. In exasperation, I had drh-'eway gates installed~ but now they simply drh'e up into my yard past my driveway entry and around the road closing gate. I have spent over a thousand dollars on repairs~ with numerous reports of Criminal Mis.chiefwith CoUeyviUe Police Department. These are no' isolated jncident~ they happen (n1ery lime the rOlld i.v clo.~'e{l 111c fence I am requ~1.ing is an ornamental \\o'rought iron fence~ which matches what I already have in the rear of our home. It is the same as all of the other front fences in new home construction completed and ongoing along Oak Knoll Drive and elsewhere in ColleyviUe. It will in no way be a (tame hazard; the fence is see..;lhrough~ and the neatest road\\'8Y intersections are Oak Knoll Drive, 1000 leet to the north, and .I)c.,-von Orive, 231 teet to the south. The completion of this fence will not only complement the aesthetics of our home and give it a t'inishe-d look; it will also eflbctively stop the criminal acts of some of our driving public. Sometimes we just have to protect people from themselves.,. Respec.tJull}' Submitted~ ~9~ ~~:r- Dennis West Agenda Item No.1 - Page 6 4 2 ~O C J.<?Sh;r~ DrIve? Agenda Item No.1 - Page 7 tt~17 ,^~~J tfl'J..f C h<? r/lj. t<: n lit Agenda Item No.1 - Page 8 --"-------,_._..~ if1 0 C! B 10 c.. 1< cI f' C h tl f It ,.,. .e /1 J/r. Agenda Item No.1 - Page 9 c: he S'~J'(e '1 [".. 'f, ~ V' ~f oc;.. k khv 1/ L}t Jb15- c... tFl r.R feo; 0,.... k K:t.1O-Jjl ...-"-') U\-. Agenda Item No.1 - Page 10 Application . APPLICANT...Qe nru.s...We.s..t.....__. Telephone NO.' S:~l:_7j,_7_1 Fax NO.___._.........__._..._._ Address 3.d: ~ 0.. _(; J, e j h; [ f,._ Or '-----_ City ,(.9. .lI(~..,::::i.iL~...... .... ."..._.._.___,,_, ..........__.___. State ....T~" ..._.__...._.".... Zip Code ..Z,gJ...':f. _ "" Applicant's Status: (check one) 13-0wner [J Representative 0 Tenant · ~~~:~RTV ..DJU1.rI.if......0.eL_t__... ...._"".__.... Telephone No.fj/J~~~Z6..Il Fax No. .."...._....._.....__ Address ...'f:. :A,.a_f.!.m_.__(;._h~ rhir._~____.m_12t ,.____________... ,."...______."__......_~_....."...__.".,,. .__,,_________. ....._..._.___." City ."...Cv..1I~!J\L;".JL'l.""--.-.-."....,..,,-.-..---,,.-,,-- __,'____' stateL_.. ._.,__..__._ Zip Code _Z.f_tz_:.L.'r._._.... Ownership status: (check one) ;a:: Individual I;J Trust a Partnership 0 Corporation ~J$;~ 7-1;,,~O~ 51.~Jig~ 7.. IJ.~ 05" Date The property owner Muat sign the .pplieatlon or submit. notarized lettef' of authorlZJJ.tlon. Please Initial the acknowledgments em the second page befont signing thie application. PROPERTY INFORMATION Street Address or location .....'1....2...2.9 '_ ..C.J,tLr-.b!..tJL...Otl)LJ~_..._" .__.___."."...____..... Legal Description ___.L.e..t _...t >_,_..Bl9..<:_t_._-'f...____._/?l':J_~..9..Y.',.tb . . ..liLlLs...._.____......______.... ... >__.___".'_ I Present zoningg:..~9.__._______....._..____.__"..__ Present land Use_~i!1!jk._E~~;.l'J..gq[~'Jt!Jf'-'tIJ / , Status of Project: (J Proposed [J Under Construction Ja. Existing Have you applied tor a building permit? )a:.Yes (J No Have you filed an appeal or petition on this property before? .ta: No DYes Agenda Item No.1 - Page 11 PEQUE:3 r iNFOF<rI!A nON Please answer the following questions as completelya. po.slble. Failure to outline fully the sItuation by answering these questions could cause unnecessary delay In evaluating your aPPeal. Additional pages may be attached If necessary. 1. Completely describe the variance you are requesting. dfL.b..C..~--........__._...._._--- _...Ft9.~L.__.w r.Q~.9f..-jy:f!.. n._.Q.t"'~.!!J~r11~( 2. Do similar conditions exist in the area? Explain. _Yes..'_4-.jJ.pth_--'sdL_ . Jn3I..dJ,__.4, (t..OS.f.._th .f? ...s.1-.t.(.~.t,...._~.~J...~.or 1:..._~!~c.CQv.!j~1..t~.~:l~.o.I1..... ;!'\.__th.(.....~.t~_~.._......elf 6..LCL..... [.~It.._. tA.tf.Ac,.h e_J.....I(L1i~.r,....___~_n d..._....[!..hQ.t.C2...r. ........_. ..._.___... ................ __.__..' ...., . ......-. 3. Describe how the unique conditions or circumstances do not result from your actions. . PLt tA. r_~._.._L~,f'.fi. .._1(.1..~i1Q-,c. ht:.J... .l.~..tLe.t_..... "...__.__.......H_......._..___..__.___.__....... ,,,_,,'_'''''''' ..... ..__... 4. Is there any way to do what you want without this request? .... ^-/Q~ Agenda Item No.1 - Page 12 Jean, Sheri Kay 1801 Oak Knoll Drive Colleyville, TX 76034 Holbrook, Dr. Thomas Etux Lori 4212 Cheshire Drive Colleyville, TX 76034 Chiesl, Doris S. 1620 Devon Drive Colleyville, TX 76034 List of Property Owners Notified West, Dennis J., applicant 3620 Shady Brook Drive Bedford, TX 76021 Evans, Melinda H 4208 Cheshire Drive Colleyville, TX 76034 Erickson, Mary Rusnak 1616 Devon Drive Colleyville, TX 76034 Shaw, Craig W 4216 Cheshire Drive Colleyville, TX 76034 Pound, Kellis W. PO Box 194 Colleyville, TX 76034 Mojonnet, Yves H Etux Patricia 1615 Oak Knoll Drive Colleyville, TX 76034 Agenda Item No.1 - Page 13 .@ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING l'exas Meeting Date: I August9,2005 I Prepared by: I Chris Fuller Development Coordinator I A-05-o05 Tabled Item- Request for a variance from the regulations Subject: I of the Colleyville Land Development Code regarding the rear I building line setbacks on Lot 15, Block 4, Remington Park Addition located at 6104 Equestrian Court Revised (7/15/05) This item was tabled by the Board as the applicant was unavailable for comment during the public hearing on July 14, 2005. 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. 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 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 sunroom 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 Agenda Item No.2 - Page 1 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 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. ATTACHMENTS . Location Map . Information and Drawings from Applicant . Application . List of Property Owners Notified Agenda Item No.2 - Page 2 Location Map _ Agenda Item No.2 - Page 3 Information and Drawings from Applicant < .......'.. ...fOllDwt~il...U~"~.."..coR\~I.te~,~~slb~...F.UII..to...GlIQI...ftfl",.t~'~riIjtt.~....by .: ""tIQl1i~GUldcattU UnneC~IIII)"a.ray'jnev.,u.tlnl..,otlrapp.al. 'AadftionalpJles may be ?~..,. 1. CompJeteIYQescribethe variance you are requesting. ..J_.ljl~;~J~.,-~<_<_~~.t.___tdb_Ji~._~k?,_.__ 2. Do similar conditions exist in the area? ex., ain.. .__<___......,_~~___~_______,~<~__._"_~_ 3.~;~UteU~co;tiQn$~~h)stari..ij~~~lt~your0$' ~<L,." ~'~~.-r'~.s:tA~-tMJ~~~jdk1~L~~- l't-~~J::i_&--~~--,-------_..._-------,________ ..__..,.__.._.._".~,.-..~i.~;,.....-...,~,_~..-:"-___^"_,,,c~____,.~,,_,_-,_...__".>_..~_......,........__....___'..__._'_,_",u~",~~,,-..:._~._......,,_. '_"___'-"._._...,.._,_~__~,.~_.~."..~,......,..... _ ._. ",_,''''_''_'''_~'''_ _...",.''''.,.,.......;_.....__ 4. Is there anyway to do what you want without this request?,2h..J,~~T:.~~,~_.,_~___m,_"_n<<"<.<< Agenda Item No.2 - Page 4 Agenda Item No.2 - Page 5 * , I t -r- t 6(Q'( .~TFittAN ~ov'.rr ".~ ~'-'u ,,-: . . ---- ~ ,,~~ ~ ~ ~'" ~,1 i...~ Agenda Item No.2 - Page 6 Agenda Item No.2 - Page 7 C'.fIIJqfCotr~ 1110 ......sn.t ~TI~ 11t7 ... -'tIQIl - ~ Sf IlESlDEN11Al.llIIJiJio l'1!lUlIT APPLICATION 81 l1mt !tar l'AoI1I~~ U 4<.f: LM: "'_.fMtII1.nIIIIOlIII,.~.or.ddIllCll1 T,*,_JlafAlQ~/~' 'd..f' $1 1t.I!!II' II!'M oW ./III'" lICIlflIM: u TbtitJ...~ - .,f, Rlgfllt: ~~. I u: ~ ~.I2!Ji'M<l'Ah*\mf~flQltof~ ..",11: "-ar~ ~J. T)llIttQlFuer ~,bN(b.t,.riJWI'Af70N &-.,t. TIUSQ. ~ lor: ~d~ rHti!.. ~.oP IA4iQ~ C t.I.kz.E. ~~ ~ .~PtJl} DCI)' D~T.,w A ~JoIJtIrdt1) I~ iii Afft.;AJZ, ~~..PfarMlnIlll'Ja1)'1lU1'~t;o,q~~'dg~MII'I~.....ItCI\.IlI:t. O"H OM! ft.: ... l'51m;~'iIrtlr~AHt: (~"'m.l B~ AtmJit FelL' PMmlI~ Oft. OW!1tfl CMJmclW~. {5ll't7 Soatl.~ ~; (!i41?) PfalI RII~ ,.... ~ (21t4) WII"'~' l~ CAlf DrtMt. 1mJp. Fe: t5821/~} ~ r-'P Fee: tc;>+;6.)ICOII~~ FH: by. -EtIg, ;;l.(y:.{ _FilfI ~ _~.I!i~ fljt~/~ ~lIiWplttr.tRttl: (tm17J11oWer~ ,.... 0lbiU" j'!14!l'8el/lllr~ Fa\t,' ialeIM.' Agenda Item No.2 - Page 8 Application ....................m .~ ftJltJfl..l_ ~~:~~ r4llephone No1fH!&~~~ ::l~" ~4~ AddR!S1i b/I ~ (3ftUf'U.I...drTN (::.h .. , Cityl1:fJ1dJi/tJJ1~_______~_ S~ ,~, _" ~.CQde 260 s'-t~_~__ ~~ smtw; (cn'"*l1lJEl1 ~er (J ReplH8"~ lJ Tenant .~m ~........ QMlIlR ~ffLUe::,. _.~._,_ _~~. T_hcme No. Falt No. .A.dr.IreA City ___,,_...... _".,.__"_,____., ~..~ (dr8clt~ fiI1'MMc:lutil """"---~~-------~~~._~,..~ State .. ~ CfXIe lJ Trost CI Partnership CJ Corporalfotl 6),,1/6)-' P4IP1iCII rv Date Owner Signature ()'&Ia 1M ~__I'IIU\d.." ~"41f.llItnltnoflutllldlil!btl)f~ PIiNiIIM 'Jlldlt dlUC~ 0<<1 ..,. -.d ....1:i!IIflIIn If;J1InI" "~II, FR.):t: ~ r f ~~i-[lfHI.t.~_;!!JrJ S~Mdre.Qfl..oc8tlcn... (Iii 4. . G4fJBr~/AN.,_ en. ..,,___~_,..,..___ 1.09llI~~~d~- !t: . ~'NMEN: 1!1#_<.-~______ PresentZonlng,,::. .... 1J;/i'Nl)~.. ~LandUH ____,.. s~e_______.._,,_ Sbltul of Ptojee.t I(Pr<lpOli8d 0 Under Conlttuction a Eldsllng HM y()l.I. applledJor a btIlldlng permit? n. lJNo HlWe you filed an ~aiQt pettionon.1ht$ pt'9~~? no l;;;a Yea l~',J r,iJ or .::.r'J !~:' rI':liN' OfF ::IAl tJsr Cl\ :'( c.a...lihImber .A:",O!i..a),s' Action [;I ~ CondItio... HHrtnsJ.D* ~~~~~~ Q AWrowd with CondiliortlS 0 ~nied m_N"_"...~.._.,..,-.,..,..._~.~_.,.'"C--HN.---"-.,.-..-.,,~.._~__~_.__,"_.,""'".""""""...,_"'_______~'I"~,____~~"'" 1oom9 8oof1.1 (If AdjustrnlmlChllr Attest ZDnIngBoard of Adjustmenl Secretary Agenda Item No.2 - Page 9 Jean DeCavitte Properties LP :>0 Box 723 :;olleyville, 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 clo 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.2 - Page 10