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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-12/8/2005 city Of n~ l'exa5 AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Thursday, December 8, 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 (All. 1) and Uton Dellosso (All. 2) PLEDGE OF AllEGIANCE APPROVAL OF MINUTES November 8, 2005 AGENDA ITEMS 1. Case A-05-011 - Request by John Moore for a variance from the regulations of the ColleyvilJe Land Development Code regarding the front yard building line setbacks on Lot 28, Block A, of the Whittier Heights Addition located at 412 Eventide Way TABLED ITEMS REPORTS AND COMMENTS ADJOURNMENT ~ Planning & Zoning Assistant Posted: Thursday, December 1, 2005 by 4:30 p.rn. ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - NOVEMBER 8, 2005 El Chai to nominate current Chairman Dee McNosky, seconded by Lisa Ayes: Kno Abstain: Mc Nays: None Vice Chairman - Li nney made motion to nominate Skip Reynolds for Vice Chairman, seconded by Uton Dellosso. The vote being: Ayes: Kenney, McNosky, Moore, Dellosso Abstain: Knox, Reynolds Nays: None Recording Secretary - Dee McNosky made motion to nominate staff member Amy Shelley for Recording Secretary, seconded by Ed Moore. Present: Lisa Kenney, Skip Re Larry Knox (All. 1. Rich Munson Dee McNosky, Ed Moore, pellosso (All. 2) REGULAR MEETING: Chairman McNosky called the regularly sch 7:00 p.m. ROll CAll Absent: Staff: APPROVAL OF MINUTES Ed Moore made motion to approve the Septem Knox seconded. Approved by acclamation. itten. Larry SWEARING IN OF NEWLY APPOIN Amy Shelley presented the Oath of Offi NEW ROLL CAll , Skip Reynolds, Dee McNosky, Ed Moore, All. 1) and Uton Dellosso (All. 2) Zoning Board of Adjustment Minutes - November 8, 2005 Page 1 of 3 Ayes: Knox, Kenney, Reynolds, McNosky, Moore, Dellosso Nays: None AGENDA ITEMS 1. Case A-05-01 0 - Request by Steven J. Way for a variance from the regulations of the Colleyville Land Development Code regarding the front and rear yard building line setbacks on Lot 30, Block A, Brook Meadows Addition loc at 4401 Shadywood Lane Staff member, Chris Fuller presented the case and briefed th Skip Reynolds questioned staff regarding the red area on t would encroach, maybe by five or six feet? Chris Fuller Ii a five foot setback variance. Ed Moore questioned staff if the easement encro ? Chris Fuller replied correct. Chairman McNosky opened the public hearing an Steven Way, the applicant and the buil r for the hom and brief the Board members. Lisa Kenney questioned Mr. Way if the Id the house be shifted 5 feet forward? Mr. Way replied if we could. Ed Moore questioned Mr. " regards feet? Mr. Way replied Brian Holdgate, 45 opposition to the variance request having concerns with the that is the only area that , pplicant is requesting pposition to the variance request having lng set back line. Lynn G ne, spoke in opposition to the variance request having concerns with uilding set back line. She stated all of the homes that were built; ements. Mark A d Lan, Board member for the Brook Meadows Homeowner's Associatio' n to the variance request stating the home owner's must have approval fro association before building. Howard Wixson,' Oaks Drive, spoke in opposition to the variance request stating the covenants of the ne' ood are in place and must be followed. Ron Gentry, 4400 Shadywood Lane, spoke in opposition stating the home owner could go vertical instead of spreading out and the owner should have known about the set back requirements. Mr. Way came forward to speak in regards to the questions raised during the public hearing. Ed Moore questioned Mr. Way regarding which part of the structure will encroach the front building line? Mr. Way replied the porch. Ed Moore suggested making the porch smaller. Mr. Way stated the porch has been made smaller. Zoning Board of Adjustment Minutes - November 8, 2005 Page 2 of 3 Lisa Kenney questioned Mr. Way regarding the side yard set back, does the structure encroach upon an easement, does is comply with the 10 foot side set back requirement? Mr. Way stated it meets the side yard requirement. Skip Reynolds questioned Mr. Way regarding the homeowner's association not being informed, have they been informed? Mr. Way stated the homeowner is getting him a copy of the homeowner's association documents, however, he has not seen the cument. Mr. Way stated he has not talked with the homeowner's association. Skip Reyno "ted the Board does not having any jurisdiction over the covenants and restrictions of t eowner's association. Uton Dellosso stated the covenants and restrictions are i et information from first regarding this request. Dee McNosky stated Mr. Way or the homeowner easement issues resolved as well. Mr. Way stated not be an issue. Constantine Kotsanis, 4407 Shadywood Lane, q back? Dee McNosky replied the flood plain area is or not the home can be built. Ron Gentry, 4400 Shadywood Lane, Dee McNosky stated that is the 30 foot by 5 feet, which would enable the new s Mr. Way stated wanting t . h the ho restrictions. tion regarding the . he easement will ~ ~, home could no t be moved g we have control over whether ,on the drawing, is that at 30 feet? , re currently encroaches over it " rd 5 feet. .' Nosky closed the public hearing at 7:37 P.M. til the easement issues and homeowner's conded with a friendly amendment to table nd the applicant will not have to pay another " he vote being: ,ney,Knox ADJOURNME ' Skip Reynolds ma meeting adjourned a ' to adjourn and Ed Moore seconded. Vote was unanimous and the roximately 7:50 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 - November 8, 2005 Page 3 of 3 .~ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING l'exas Meeting Date: I December 8, 2005 I Prepared by: I Chris Fuller Development Coordinator i A-05-011 PUBLIC HEARING - Request by John Moore for a I variance from the regulations of the Colleyville Land Development Subject: I Code regarding the front yard building line setbacks on Lot 28, I Block A, of the Whittier Heights Addition located at 412 Eventide I Way ! SUMMARY & COMMENT John Moore, on behalf of Old Stone Creek Homes, is the applicant for a variance request regarding a lot located at 412 Eventide Way in the Whittier Heights Addition subdivision. The applicant has applied for a variance to reduce the front yard setback from 35-feet to 25-feet in order to make the lot consistent with the other 25-foot front yard setbacks along the street. The property is zoned PUD-R (Planned Unit Development - Residential). The set back regulations for this zoning district are established by Ordinance 99-1153. Ordinance 99-1153 states: r-----------------------------------------------------------------------------------------------------------------, 6. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance. The front yard setbacks of each lot along Eventide Way, with the exception of the subject property, are set at 25-feet. The subject property is located along a curve and is platted with a 35-foot front yard setback. The applicant asserts that the curvature of the street mitigates a reduction of the 35-foot front yard setback and it can be reduced to 25-feet without negatively impacting the adjacent properties. Additionally, the applicant states that by reducing the setback, an existing grove of trees located near the rear of the lot can be preserved and maintained. Staff mailed notices to the 10 owners of property situated within 200 feet of the applicant's property. At this time, staff has received one written response in favor of 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 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: Agenda Item No. 1- Page 1 "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 exist for this property, as the lot is located along a curve and a grove of trees may be preserved by the approval of this request. In addition, the granting of the request would be in harmony with the general purpose and intent of the Code, and will not be injurious to the neighborhood or otherwise detrimental to public interest. RECOMMENDATION Approval as requested, subject to any conditions required by the Board. ATTACHMENTS · Location Map · List of Property Owners Notified · Letter from Applicant · Letter in Support of Request · Portion of Approved Plat that Includes Eventide Way · Site Plan · Application Agenda Item No.1 - Page 2 Zoning and location Map D NORTH 7201 516 512 508 504 7200 L 7109 7108 7200 513 509 505 428 R-40 6819 list of Property Owners Notified A-05-011 Ace Interest Corp. 8004 Main St. North Richland Hills, TX 76180 Bright, William R 7201 Windswept Trl. Colleyville, TX 76034 Broadland Ltd. Partnership 8222 Douglas Ave. Ste. 605 Dallas, TX 75225 H B Custom Homes L1c. 6208 Lantana Ct. Fort Worth, TX 76112 McDonald, William L. 505 Tumbleweed Trl. Colleyville, TX 76034 Talbert, Mark A. 4201 Wilcrest Ct. Colleyville, TX 76034 John Moore, applicant 625 W. College St. Suite 103 Grapevine, TX 76051 Baze, Kevin Etux Michelle 501 Tumbleweed Trl. Colleyville, TX 76034 Dalton Capital Corp. 8004 Main St. North Richland Hills, TX 76180 Mueller, Richard J. 408 Riverpath Colleyville, TX 76034 letter from Applicant ~ OLD STO NI~(-: RJEEK ---HOMES ~ 625 W, CollegeSt., Suite 103 Grapevine, TX 76051 November II, 2005 City of Colleyville Zoning Board of Adjustment 100 Main Street Colleyville~ TX 76034 Re: Variance request, Lot 28, Block A, Whittier Heights There are a few considerations I'd like to mention. 1. This lot is the only lot on this street that does not have a 25' setback. (See attached plat). 2. The lot already has a natural setback further than the ad.iacent lots due to the curvature of the street. (See attached plat). 3. There are no houses fInished or under construction on this street 4. The variance would allow a home to be built on the lot that would not only save some nice trees and but to build far enough away from them to increase their chance of survival. (See attached picture.) Thank you for your consideration of our request. Respect ~ly yot\;/. /"'). ...... 1:\. ( ):~ \ f' ,'7 'S\~~/ofY~ John L. Moore L- President .. ........ ............. ...... Specializing in design and creation of Old World Homes letter in Support of Request , WHITTIER MEIGflT5 November 14, 2005 City of Colleyville Zoning Board of Adjustment 100 Main Street Colleyville, 1)( 76035 We give our full support to the request of John Moore on behalf of Old Stone Creek Homes for a variance of the 35' front building line on Lot 28, Block A in Whittier Heights and ask that you please give favorable consideration to it. We believe that a front building line of 25' would be consistent with other houses on the street, which are allowed a 25' front setback, enhancing the overall streetscape more so than the 35 building line that now exists. It would also allow the builder to preserve a grove of nice trees that are in the rear yard of the lot. A 35' front setback would result in the loss of those trees. Respectfully, Broadland Limited Partnership By: The David Bagwell Company, Its general partner , r , cc: John Moore Old Stone Creek Homes (FEN SPACE/~~AGE EASEMENT 1i57l!i SQ, FT. i- c:: ...'4' If fI..OO( A r-... Y I ::: \.-E&.~' f ..J - ~~~~ €. ~_ _.158.85' S \6~.-\ N ()()-04~1' \' ...... 'tJ>r/) ~ ~ ~ ~tt-=-:g: \ 22 ~ ~l 25'8 ~\ 24176 -/ ~ ~~. SO" [;~.,: IlL' u.il ,~ ~ '.<i' ;: I~ 1m I ~ E5 /1 12 /' I I /' 0 /,v" /' ./' /' . /' /' /' 4::v' /' AArp- .'~~ /-$ 0, . ~ nf)j v /...,tc J "~.tj ... /' /~vP --""- ... ... <b.. \ /' . /', "'.. ./~~ /'\ /'~9oo '\, \ / \/' ~ \ \' /' LOT 28 BLK A ~ /)( ..' /' EVENTIDE ~AY ....R50.0001 1 /" Y. ~HITTIER HE16HT5 .- ~ (3' CITYOF.COLLEWILLE ~COUNTY, IX 1530161' N 8<10 34'-3"E - _,_--._ - _....o_.___ ._'_ _ _ _ I _1_ - - - -,-.- - - - - - I 15 D.U.E. I I Site Plan 81Al11 60.250' r- ~ :--: co t- ~ ~ ~ () PLOT PLAN SCALE, 1:20 .~ 1'e... ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 100 Main Street Colleyville TX 76034 817.503.1050 -loHH MOORE" · APPLICANT Q.b.t2_-5~e<:~:e~__!1b'tY)es_____________ Telephone No. ~17 -lt21.t-2.77tYax No. 5~lL~~~~'tL?,___ C~I-l. :;2.1'1- "2.ca~ -0 "b~ Address (0 z.. ~ w, e.o 1.J..f'(C;.f' '5 1: I S \-\ \Te \ {) '3 City ___0_tif.li'S'~ INL'________________________ State _::16..__,_ Zip Code]/aCJ _~_______ Applicant's Status: (check one) ar6~ner (J Representative (J Tenant . PROPERTY OWNER -~.btL~1J?N_~C&~~Js,__t.:LO,!n.f,~__,__,____"__ Telephone No. Fax No. Address _.w__________._..._.___________...__.__._____._.__._.. City ____'__'___'__.,____'____,_____,_,___,__ Ownership Status: (check one) l:llndividual (J Trust ~;:::[ '-v/2 II/II)DE> Ilb,)/J,? ~P;i~ ~i;nat~ ' Date I Date 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. PROPERTY INFORMATION Street Address or Location__,_~J2-__,_evJ;;~I'~__Y\L6y,-j:~-~bhe)1-~-'-hl-~-----,___"__'__.__,____,__________"",,___.._ Legal Description ,-,--hl)-T--..-z...Etl--_,J6_~-tLl--;.,~-l-\lIn~ ~-h~~I:iT2_-----'---------'-----T~-----;:.."'\. Present ZOning_~6..be__~~_tr.~1U...___ Present Land Use ._$) -t-I ~~-Eh:1:rULJ--l.f'~t\J Status of Project: (J Proposed (J Under Construction ~ Existing Have you applied for a building permit? (J Yes lII'No Have you filed an appeal or petition on this property before? ~ (J Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number ~~~J Action (J Approved Conditions Hearing Date ~85:...__ (J Approved with Conditions (J Denied .-.-.........--.---.-.....--...-.-.......--.......-.-.......-----.....-.---.....-.......----..---.--.---.........---------..............m........._____....._..._______._.______..______.__.______.__..__.._m_....___._m__ ---.-.-----........-.-----..--.-.............................._________...................__m...__...._......___........__.....__._......._.....___......_.................................._..__............__..........__._.__..................__........_.__.______............__........_...._..__..........___ ....-.........--......---...........-.....-..-...................-.....---............-.................---....-..-......................-........_._.._-_.._._...._..._.._._...._._._----_....~..............._....__..,_.__........._._....__..__._~........-...--_......_.............-..................---....--.........-.....-.............-......--.... ......-...........-.-..---...-...........-.-......-..--.--.-..-.---..-----..__._.._._.......__.......__.._w.__..__._._.......___..___..._.._.______......__...__._..__.__.__.______.....____________._.______...___...._........_._._......_.. --.-....-....---..........-.........-.......-..........-.-.......--.--.-....-..---....--...--....-.......-.....---...-..--....................-.-..........--------...-...-...-.-..-.....-..-.....-----.....--.-..-.--..--....-....-....-------.-..-.-.....-..............__....._.._-_...._._._.__._.........._~..-.- Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustme~ ttffiN n m 2IIDffi 'fPvr ..fI;;:...... .. ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. 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 varianc~,lou are requesting. _ -thlS___B~~ !A..fS?I_,_lS_IQ___,chftti6..'i2..,_1b:e__ ::Q Blk.l L'Dli\iG LI1\} ~ --t I / l<O~T ~~5el~~ Re<1Ull<.eme~'1 ~ '27'0 :TI2 ~? ____~_~~_fiTI"OC'\1.~~L__,______,__,___,___,_,__,_____,__,___'_"_'____'__'_'_m____'________,,_,_,___,___,________,___'_'____,___,,____ _____.._____..__.________..__..____._._..__.__h._.__._______..______....._______.__...__._..______.__.__._._.._..______.__.____.__.___.__...._._.__..____.__._____.__.____...._..__..___...._ 2. Do similar conditions exist in the area? Explain. JJhL __....!>_rt-l~~__.b.D )-~-_C2.h1___:1-b1.s.__::?-=m::efJ::::_____ ) ~ JJllY...e-----~-----2.!2...,__l~1;l.NL..._~h:_BIL--...BM.Ll.:,]dlN_5L_bLt\lf..__LS ~li2b..s:.K_;J.--,_,-----------,-,_""---- --.-.-------.....----.---.---.-.--...-.....-----.-----.------..--.-.-....---------..--.-.----..---..------...------------_._~ 3. Describe how the unique conditions or circumstances do not result from your actions.__________,____________________ / _,~___3_0 ___,B..'AtbTIJJ\l_~___,"__'=l N ~---12--~~-~,~j~~e...CJ?j3JJ,~,S:L---?-~.)..<--------- __..__~_~__.___..........M__..M..._._....__...._..h__.h_..._._._~._._._____..___....h__.__.~.~..._._..__.__.._.._...____._....._~.h..._..~.._....____..........~_.__.__..__..__..__......_..._.__...._._.._..____.._.__.__._._._.._____._._._.~..._._...__.__._..___.~. --..--..-.--------..-....-.---.....---.~....--.-.~..----.----~......-.~-------.--.---______~_~.._____~.__.__..__....._._._..__._.h____....._..__..._...._...___._...._.__.......___.__.._._.___.......__.__.._......______._ 4. Is there any way to do what you want without this request? --'N'Ol----:Ib~___bt.2J,\,$_~____~_Q!~L_:},_______..____ j::=lI__QH___-:!hf_,lQ..I___~JIt:LQ~_r_,__~..Q21b,lJ,~?____,~~e___h>.,~~_:f::___-:JJ::3...~~z..________,__________ .--.-...----...-.-------.-..---....-..-...----.....-......._._....~.__.._.....___.....__.m_._..__................_...._._....__.._~.__M._.__M_......_.._._...._._h..__.._..___._._.._.....---....---.__._.._...__.._...__.....__...........__h..__..___.._h____.__._..___...... h_____~__._.__...._..____.__..____...__.._____..._M._________..._._._.__..________.._.._.._.__.._.~____.._______~__.__._........................_._._._..___..______._.__h__......._.__.._~___.__.__ Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Zoning Board of Adjustment action does not constitute the approval of a building permit. Applicant's Initials Date \ \ ~l /07 I / APPLICATION FOR VARIANCE RECEIVED NOV 1 6 200'i cv - 410 (DECEMBER 2003) Per .............