HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-12/8/2005
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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
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1530161' N 8<10 34'-3"E
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Site Plan
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PLOT PLAN
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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__
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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::::_____
) ~
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--.-.-------.....----.---.---.-.--...-.....-----.-----.------..--.-.-....---------..--.-.----..---..------...------------_._~
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---?-~.)..<---------
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--..--..-.--------..-....-.---.....---.~....--.-.~..----.----~......-.~-------.--.---______~_~.._____~.__.__..__....._._._..__._.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..________,__________
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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
.............