The URL can be used to link to this page

Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-9/13/2005 city Of AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers -100 Main Street Tuesday, September 13, 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 August 9, 2005 AGENDA ITEMS 1. Case A-OS-OOg- Request by Jamie Burton for a variance from the regulations of the Colleyville Land Development Code regarding the side yard setbacks on Lot 1, Block 1, Burton Addition located at 4405 Bowman Drive REPORTS AND COMMENTS ADJOURNMENT Amy Shelley Planning & Zoning Assistant Posted: Thursday, September 8, 2005 by 4:30 p.m. ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - AUGUST 9, 2005 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. ROLL CALL Present: Skip Reynolds, Dee McNosky, Rich Munson, Ed Moore and Larry Knox (Alt. 1.) Lisa Kenney and Uton Dellosso (Alt. 2) Absent: Staff: Barry LeBaron and Chris Fuller APPROVAL OF MINUTES Ed Moore made motion to approve the July 14, 2005 meeting minutes as written. Skip Reynolds seconded. Approved by acclamation. AGENDA ITEMS 1. Case A-05-00S - 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 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. Dennis West, 4220 Cheshire Drive, the applicant presented the case and briefed the Board members. K.W. Pound, 4216 York, stated having issues with putting a fence in the front yard for safety reasons. Mr. Pound suggested moving the high water gate farther south. Mr. West spoke in regards to Mr. Pound's remarks stating his fence would be six feet further from the street than Mr. Pound's fence. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:15 P.M. Ed Moore questioned Mr. West in regards to the two gates on the driveway, are they at the 30 foot mark? Mr. West replied right at the 30 foot mark, about a foot and a half inside of the 30 foot setback. Ed Moore questioned Mr. West if the proposed fence would run in between the two gates. Mr. West replied correct. Ed Moore stated ifthe gates are inside the 30 foot setback, then the fence would be inside as well. Mr. West replied, he misunderstood, was referring to the property line. Ed Moore questioned Mr. West in regards to the gates are not in the 30 foot setback? Mr. West replied correct, when the gates were constructed, he knew that gates and fences could be all the way to your property line, he did not realize they both had to be on the building line, that is why he is asking for the variance. Ed Moore stated in regards to the gates being in violation of the code. Mr. West stated correct. Zoning Board of Adjustment Minutes - August 9, 2005 Page 1 of 4 Ed Moore questioned Mr. West if the fence pole holes have been dug for the new fence? Mr. West replied yes they were put in when the gates were placed. Ed Moore stated not knowing how people drive through his property with the placement of the mailbox and the high water gate. Mr. West stated people do drive through and sometimes they start on the neighbor's to the south. Mr. West also stated people getting stuck there and having friends to pull them out. Ed Moore questioned Mr. West in regards to when the gate is closed, is there water in the creek? Mr. West replied the city sends the police and city crews to check the creek when there are storms. Ed Moore questioned Mr. West if there is water in the road how do the people get through? Mr. West replied they drive right through it. Ed Moore questioned Mr. West in regards to what if the gate on the other side is closed, what do the people do? Mr. West replied they turn around and go through my property. Rich Munson questioned Mr. West in regards to if he were permitted to build this fence, how much distance would there be between the fence and the post which supports the high water gate? Mr. West replied about 8 feet. Dee McNosky stated the traffic on the driveway would cease as well. Mr. West stated correct. Dee McNosky stated acknowledging Mr. Pound's concerns for the aesthetics of the area. However, also acknowledges the potential safety hazard that Mr. Pound stated. She stated if this fence were to be put in place, it may prevent someone from doing something ridiculous as has happened in the past. Ed Moore questioned Mr. Pound in regards to any comments needed to be made. Mr. Pound suggested running a chain across the property to keep people from driving through on Mr. West's property. Ed Moore questioned staff in regards to moving the gate. Chris Fuller stated, after having talked with Keith Fisher, Public Works Director, and staff could place the sign in equal distance from Mr. West's mailbox to eliminate the cut through traffic. Right now a car can fit through the opening between the mailbox and the gate. Barry LeBaron stated the picture is what staff was going by in regards to placing the sign; it mayor may not work. Rich Munson stated having concerns of a prescriptive right of way being placed on the property becoming a burden to the property owner. Rich Munson made motion to approve case A-05-008. Larry Knox seconded. The motion to approve was denied, the vote being: Ayes: Munson, McNosky, Knox Nay: Moore, Reynolds TABLED ITEMS 2. 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 Ed Moore made motion to remove case A-05-005 from tabled items. Skip Reynolds seconded. Zoning Board of Adjustment Minutes - August 9, 2005 Page 2 of 4 The motion was approved, the vote being: Ayes: Moore, Munson, McNosky, Reynolds, Knox Nay: None Staff member, Chris Fuller presented the case and briefed the Board members. Milan Jariwala, 6104 Equestrian Court, the applicant presented his request and briefed the Board members. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:30 P.M. Ed Moore questioned Mr. Jariwala if the patio at the rear of the house is enclosed? Mr. Jariwala replied it is not enclosed. Ed Moore questioned Mr. Jariwala if the sunroom would be added on to the patio then the whole structure would be enclosed? Mr. Jariwala replied correct. Ed Moore questioned Mr. Jariwala if the sunroom addition would be wider than the patio? Mr. Jariwala replied no. Ed Moore stated the sunroom could not be seen except for the houses to the rear? Mr. Jariwala replied nobody would be able to see on the first floor, only if they were on their second floor. Skip Reynolds stated several issues first, the staff recommendation for denial; second the structure addition appears to be out of code compliance; and lastly it appears the structure will not fit with the aesthetics of the neighborhood. Dee McNosky replied to Skip Reynolds issue with the appearance of the structure stating the picture in the briefing is simply a mock up of the structure to give the Board members a sense of spacing for the addition. The structure will not look as it does in the picture. Mr. Jariwala stated the finished product would look like the home. Ed Moore questioned staff in regards to the 16 feet being out of compliance? Chris Fuller replied correct. Ed Moore questioned staff what is the distance between the structure and the fence, how much is the structure out of compliance? Chris Fuller replied it encroaches six feet into the set back which leaves 19 feet remaining. Ed Moore replied six feet into the 25 feet. Chris Fuller stated yes. Dee McNosky stated the variance is for six feet of encroachment. Chris Fuller stated correct. Ed Moore questioned Mr. Jariwala if there would be any modifications that could be made to bring the structure in to compliance? Mr. Jariwala replied it can be done, I would not have a choice, but I have plenty of land. Six feet is not going to harm any body. There would still be 19 feet left after I build this sunroom. Rich Munson stated having issues with developers trying to squeeze every square inch of sites to maximize their profits. As a result, there are several lots that are difficult to put such additions. Rich Munson stated acknowledging this being a burden for the property owner and the six feet would not harm any body. Dee McNosky concurred with Rich Munson stating this being a reasonable size structure for this lot. Rich Munson made motion to approve case A-05-005. Dee McNosky seconded. The motion to approve was denied, the vote being: Zoning Board of Adjustment Minutes - August 9, 2005 Page 3 of 4 Ayes: McNosky, Munson, Moore Nay: Knox, Reynolds REPORTS AND COMMENTS Barry LeBaron reminded the Board Members about the workshop to be held on August 29,2005. ADJOURNMENT Ed Moore made motion to adjourn and Skip Reynolds seconded. Vote was unanimous and the meeting adjourned at approximately 7:49 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 - August 9, 2005 Page 4 of 4 .~ Texas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: September 13, 2005 A-05-009 PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the side yard setbacks on Lot 1, Block 1, Burton Addition, located at 4405 Bowman Drive SUMMARY & COMMENT Jamie Burton is the owner of a residential lot located at 4405 Bowman Drive. The property is located at the northeast corner of Oak Knoll Drive and Bowman Drive. The applicant has applied for a variance because a proposed structure would encroach fifteen (15) feet into the required 40-foot side yard building line established for the R-40 Single Family Residential zoning district. The owner asserts the variance is required in order to save an existing tree located in the rear of the yard. The subject property is a corner lot, with a 40-foot front yard building line along Bowman Drive and a 40-foot side yard building line along Oak Knoll Drive. The front of the house faces the 40-foot building line on Bowman Drive. The lot contains an existing single family residence, a swimming pool, and an accessory structure on the northeast side of the lot. The owner is proposing to construct an accessory building that will serve the dual purposes of a pool house and garage at the rear of the house, on the south side of the property. The fifteen (15) foot encroachment into the side yard is necessary in order to construct the proposed building outside of the tree drip line. If the variance is approved, there will be twenty-five (25) feet between the proposed structure and the property line. Staff mailed notices to 10 property owners within 200 feet of the site. As of this writing, staff has received no written responses regarding the variance 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: "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 Agenda Item No.1 - Page 1 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 exist for this property. Additionally, the applicant has made previous efforts to preserve trees on the property. The existing perimeter fence has been constructed to incorporate existing trees into its design. 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 Staff recommends approval of the variance request. ATTACHMENTS . Location Map . Aerial . Information and Drawings from Applicant . List of Property Owners Notified . Application Agenda Item No.1 - Page 2 Location Map Agenda Item No.1 -:- Page 3 Aerial Agenda Item No.1 - Page 4 Information and Drawings from Applicant \-r _u_ 1 ,'I ..:., ~I -', E -tI\' rl I 8 i '. ....." ;:...- IJ.;P. tJ' I .p"~(.)~' I 1'D~-;;o> - - - - - ....~"""'!!-!!'~ - - .....<T ." ""f'T1lt:,Uc;TIJP.,I!. .".:~ ,..-,- v jJ ('" -> ~ '/.J;"'''~ " "<J"'- (.) i"" _",..:Jill'.... .~ ~y. .....,- '\ ~ J."t'r}.,y. . l ~ 1,$ I 1 I~ ... I' I~ l~ I I I I l.~. f ....,.,........ I I ~ I' .~ . . tll .- '" .. ~'.Go~ t t~~ -.. f1"""'.,s ,,' .::::.::-~ ............... -:.:;~~:~b_Nc.... I .. _ _ _ _ _ _ .~........,......;:i~I~ 0- f , , I - - - -../... .-.~.rl:t-. .."M"R....;..IIIt:>~MA"l l>1'-1'VE :-"PL.CT. P'-""'-N.... _:::.;~;,_~o!': .. $=- ~~*J'~;~).;.'IZ-r ""'1>/:;'11"12"... c.:_ L.;.t..II."'f"V1 L. L-. I r1!:~A:". -9 . ..----f. -!fr . ..~ Agenda Item No.1 - Page 5 ~~- ~~ -~ REQUESl INFORMATION pte... answer the foUowfng ~ as co possIble. Failure to outline fully the situation b) answering these qUHtlona could cause unn.c...., ay In evaluating your appeal. Additional pages may bE attached If neCHUty. 1, Completely describe the variance you are raqu.esting, ^-~'#!..".4.-!!!!L ..,. ,.flifif}!l~t'}~ SI'Jd Y-1 ~;(!..... .JS...t!::r!1. A~~... ..,,1/ AN ~_~.c:~_~... r'~~1:........_~'!4!':::., J/<r> .t.t:$I!F, ~ '14'1/1 ~.r.'''''~~_'Z:4,A.,t?! ~,.....L~....<z(!;!,'"_,..,(/!t!!t!r,,J~~~/~~64.~S- U /f) (J . ,...?!!fl,,,..,,,i:!.~/?",..,..... ..r&~t..IJ!.~.,._.Le_..",~~.~1;; *.&...,.,,4:.4~~,~.. ,~i;1A,<;2,'!l" . ..T A.6G. 4-1'~~t-t~f.... "-~!~~~t>6'"' "A"-: /~ 2. VVhat unique conditions exist in the area that make a variance necessary? _._.t!1l_.",<<~4(;,!!:.u,t::~(l. J..AJ,,,....!:~,,'!:::_..,,.,,t:l!~~'.f,,..__A~rl_,,~__:(___~~,,._..1J~~.II;:!:~.~,...,..[~!tti~ ...... 7.:> "sA;}!/:! L~.t;L__._..~ H' ._,_~.6.PdJ.._r.t!::.dP:.._"..t!?.!_"".A!.'!~~~-!.::..__~o~f! /()<) r .. ~ ,..l~~~t::....",,,..Jt9,,f!:!.l,..,,,__..~~~<f1.~#h'J' .E:Q!1::.._."g"'!~~~'!!'!.~_~__~~~~'!!.~ A-""_~'''''-''''''''''''''_'_~''~'''''''''''''","A.''''',__"__,,,,,*,,,",',,,,"''''''''''""_._..w_-.--."""....,.,,,,,,,",.'...+,, .*."'-,.........,.-.........-~^....~-.,._;..;,.~__.,,~.,",."""...."';,..~c......,~........"'"_"'~.._.""..,..,.,.,..;.,.;<..4i..~_.,.....N h....._W._"...,'.:,...,',_+ C".'~' 3. 1$ there any way to do whal you want without this request? ~__...u.. . "..".. "".... ._..",,_ .... /l::>J).'tw.. ., . . "J?l!,,!_..l/)q L._.__~~~~~_.,^.... __._&.6~/!1...!-__.". ........., >.. "'. ~"""" Agenda Item No.1 - Page 6 Agenda Item No.1 - Page 7 Agenda Item No. 1- Page 8 Brooks, John L Etux Carol E 4408 Bowman Drive Colleyville, TX 76034 Penner, John 4708 Patterson Lane Colleyville, TX 76034 Andrews, Leona Est 2221 Oak Knoll Drive Colleyville, TX 76034 Qureshi, Muhammed Afzal 6433 Forest Highlands Drive Fort Worth, TX 76132 List of Property Owners Notified Burton, Jamie 4405 Bowman Drive Colleyville, TX 76034 Zimmerer, Jeffery J Etux Anne 4404 Bowman Drive Colleyville, TX 76034 Hartman, Gerald Jr Etux Lynn C 2009 Oak Knoll Drive Colleyville, TX 76034 Durrance, Ian R Etux Maureen A 4407 Bowman Drive Colleyville, TX 76034 Waschka, Patricia 2108 Oak Knoll Drive Colleyville, TX 76034 East, Charlie L 2005 Oak Knoll Drive Colleyville, TX 76034 Agenda Item No.1 - Page 9 \ (-. 01 J VA /L /Av~6 . ~ /C.etP,-!~:r____ --~--------~----------~-- -- -- --- __ CMy Of 001.. ------------ fOO M.In..... Colllyvtllt n 18034 ."., .8OS.1 oeo .~;- .f~_ ~_..._ -"'-..No.S/JI11f1h,.No.1n. ,1'. ...,. ~_1..: .{)S .~.LI1A&_12~J.__..........._._~.~ ... _,0' "~"'_"'" c~ r~~~~ci~~ -:i!---,-,..., Z/pCoclo'/qIl:I.'1 .. I · P'IIIG-f..lV' :L11l1 ~ , ow... .___.5q..u. .&?___..__.___~__ T......~..~"'~?~f.lCHo. .......__.__.._._. AddrMt .~~P.~--~~"!?~.~..._._._........,~---_.._-7'r"-- .......__. ___._..._... ... _._._...... . I c~*s,;-;~-;;~~~:r;;;M.Q~-1oo( ---- Z/pCo<lo J6<?_~,_. , ! (#o-",,,u.rt?~- 1-U.pp 1''J-~t.51 (/ ~ Slgr1lllMt Da Owner 8IanRn Da" j ThI P..,trIW .........-......... ......... n.l11l.. b..4...... .. .utt-~. ,........,........... tntllr..u Oft ... ....... ..... ....... ...... .... ......... '-9f DwcIIptioft Pre-.m Zontng a edttlng CIM NumIIIf 8.::Q2:.:OO1___.. H.....-. ..... a ~ eo......... . I;I~ ., .....-...-..----..... ....",............-.-.. ..--.-.---......... .............. .....R........ .4'~"'''r' ,.____ ._....... . ........_. ...... '. ...,.""................ ..- .-..._..........~.....-_.-._._--_...... ',. ...... - .. ................. .........-..... . ..... ,'..... . . .. -- ........, -....,,---. ,..... 'w_. --. - .....__.__.__..___ . .01...__ .._..... '_'___".' . '___. _ ..._. _"._.~_.......... . ... . ..... ....... '" ..Oo ...,..--....--.--......'.01 ____.._ ..... . ........Ow'. .........._...,.,.._~.....___.......___.._ _.......... . .. .-. .......- .. ..- -- -.---..-..... -- ........ . ......-.. ---.---..-.--........-.. .......------................-....... .....'. _. .... . .---... .. Sign ..... 01 ~la c.... ~t 8I&n aa.rct of~. 8tlcrw.." RECEIVED ~1l116i t , zmJJi fPel' .......w.........._ lc:f ~t.-:la ~ Sl otnt t~ tS: "Q-I xt:l~ t'[)) ~J.SNO:l W.tll lG.:I