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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-2/24/2015 City of Colleyville Zoning Board of Adjustment Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 24, 2015 City Council Chambers 7:00 PM CITY COUNCIL CHAMBERS THIRD FLOOR CALL TO ORDER PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES December 10, 2014 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance allowing encroachment into the required front yard setback on Lot 8, Block 3, of the Highland Acres Addition, located at 205 Timberline Drive South, Case VC15-001 3. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards February 20, 2015 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, December 10, 2014 City Council Chambers Call to Order The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on December 10, 2014 at 7:00 p.m. Roll Call Present: Board members Jason Elms, Dee Kamerman (Alternate 2), Mark Collier, Judson Orlando, and Dee McNosky Absent: Board member Larry Kainer (Alternate 1) and Mike Leathers Staff Present: Ron Ruthven and Taci Wrisley 1. SWEARING IN OF NEWLY APPOINTED MEMBER Taci Wrisley swore in Dee Kamerman as Alternate 2 for the Zoning Board of Adjustment. 2. APPROVAL OF MINUTES Board member Collier made a motion to approve the minutes as written. Board member McNosky seconded. The motion to approve the minutes as written carried by the following vote: Aye: 5 – Elms, Kamerman, Collier, Orlando, and McNosky 3. PUBLIC HEARING AGENDA ITEMS 3a Request for a variance to certain provisions of Chapter 4 Landscaping and Buffering of the Land Development Code, the building setback requirements of Chapter 3-Land Use of the Land Development Code and to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 1B, Block 2, of the Andy Felps Addition located at 120 Acuff Lane, Case VC14-011 Ron Ruthven presented the case and briefed the Board. City of Colleyville Page 1 Zoning Board of Adjustment Minutes December 10, 2014 Board member McNosky questioned staff regarding whether there would be sufficient parking for the proposed use. Ron Ruthven replied yes. Board member Elms questioned staff regarding whether the existing accessory building was a permanent structure with a concrete foundation. Ron Ruthven replied yes. The public hearing was opened at 7:09 p.m. J. C. Sadler, the applicant, came forward and briefed the Board. Eric Brooks, the project architect, came forward to address questions. Board member Kamerman questioned Mr. Sadler regarding whether he checked city codes prior to purchasing the property. Mr. Sadler replied he did not check city codes until after the closing of the purchase of the property. Board member Kamerman stated her concern was with granting the requested variances when the codes were in place at the time the property was purchased and the effect it would have on the existing residential neighbors. Board member Elms questioned Mr. Brooks regarding whether the existing 22 foot entrance was being dedicated as a fire lane. Mr. Brooks replied no. Board member Elms stated he believed the site plan could be adjusted just a little bit and the variance would not be necessary. He further stated the need to save money was not a hardship. Discussion occurred amongst staff and the Board regarding the original zoning and the history of the property. Discussion occurred amongst staff and the Board regarding the site layout and code requirements. Phil Crombie, 128 Acuff Lane, came forward and spoke in support of this case. Board member Elms questioned Mr. Crombie regarding whether he was okay with the proposed changes to the existing accessory building. Mr. Crombie replied he did not have an issue with it. City of Colleyville Page 2 Zoning Board of Adjustment Minutes December 10, 2014 Board member McNosky questioned Mr. Sadler regarding whether any of the existing accessory building would be demolished. Mr. Sadler replied there would be a small tool shed that will be demolished on the northwest side of the property. Jeff Byerly, 7109 Pebble Hill Drive, came forward and spoke in opposition of this case. Discussion occurred amongst staff and the Board regarding the possibility of another use occupying the property and would the variances still be honored. There being no one else wishing to speak, the public hearing was closed at 7:46 p.m. Discussion occurred among the Board regarding their thoughts on whether the variances should be approved. Board member Elms made a motion to approve Case VC14-001 with the following conditions: 1.) A full variance is granted to the landscape buffer requirement contained in Section 4.6(3)j of Chapter 4-Landscaping and Buffering in the Land Development Code. 2.) A variance is granted to Section 3.24(F)e of Chapter 3-Land Use in the Land Development Code (which requires a minimum 25 foot building setback from any residentially zoned property) subject to all buildings on the subject property maintaining a minimum five foot setback from residentially zoned property. 3.) A variance is granted to Section 3.26 D(2)a of Chapter 3-Land Use in the Land Development Code subject to the existing six (6) foot wood fence along the east property being maintained as the required screening fence by the subject property owner. Board member Orlando seconded. The motion to approve Case VC14-001 with the following conditions: 1.) A full variance is granted to the landscape buffer requirement contained in Section 4.6(3)j of Chapter 4- Landscaping and Buffering in the Land Development Code. 2.) A variance is granted to Section 3.24(F)e of Chapter 3-Land Use in the Land Development Code (which requires a minimum 25 foot building setback from any residentially zoned property) subject to all buildings on the subject property maintaining a minimum five foot setback from residentially zoned property. 3.) A variance is granted to Section 3.26 D(2)a of Chapter 3-Land Use in the Land Development Code City of Colleyville Page 3 Zoning Board of Adjustment Minutes December 10, 2014 subject to the existing six (6) foot wood fence along the east property being maintained as the required screening fence by the subject property owner. Aye: 5 – Elms, Kamerman, Collier, Orlando, and McNosky 3b Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 2, Block 1, of the Summerbrook Addition, located at 2212 Glade Road, Case VC14-012 Ron Ruthven briefed the Board and explained the applicant had requested to withdrawn their case. Board member Elms made a motion to accept the applicant’s withdraw of Case VC14-012. Board member Collier seconded. The motion to accept the applicant’s withdraw of Case VC14- 012 carried by the following vote: Aye: 5 – Elms, Kamerman, Collier, Orlando, and McNosky 4. ADJOURNMENT The meeting adjourned at 8:00 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on February 24, 2015 by a vote of _______. City of Colleyville Page 4 City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2a Agenda Date 02/24/2015 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance allowing encroachment into the required front yard setback on Lot 8, Block 3, of the Highland Acres Addition, located at 205 Timberline Drive South, Case VC15-001 Explanation David Swaim, the property owner, is requesting a variance to the required front yard setback to build a covered porch. The property is located at 205 Timberline Drive South; further described as Lot 8 , Block 3 of the Highland Acres Addition. Existing Conditions. The property is zoned R20-Single Family Residential and includes a single family residence. The property owner has a building permit issued for the residence for remodeling currently underway on the property. The covered porch under review with this application is not included in the building permit issued for the residence. It was discovered by City staff that the covered porch has already been framed. The applicant has been directed to halt all work on the covered porch until after a ruling has been made by the Zoning Board of Adjustment. Variance Request. A fifty (50) foot front building line is shown on the Highland Acres plat for the subject property. Accordingly, the existing residence was built in 1968 with a fifty (50) foot setback from the front property line. The owner is requesting a variance to encroach five feet into the required front yard setback in order to construct an approximately thirty-seven (37) square foot covered porch. The proposed structure is open on three sides and supported by two wood columns. A gabled roof is covered with composition shingles matching those on the primary residence. Any decision of the board will still require building permit approval and conformance to all applicable building codes. Land Development Code Requirements. The Land Development Code (LDC) provides a twelve (12) inch allowance for non-structural projections into setbacks. Land Development Code, Chapter 1, Section 1.16.E.10 authorizes the Zoning Board of Adjustment to grant variances to the front yard setback where the literal enforcement of the provisions of the 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 Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 2 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. The subject property does not differ from the other parcels of land in the same district by area, shape or slope. Texas Local Government Code. Section 211.009(a)(3) of the Texas Local Government Code specifies the elements that must be shown to authorize the Zoning Board of Adjustment (ZBA) to approve a variance: ZBA may authorize, in specific cases, a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, so that the spirit of the ordinance is observed and that substantial justice is done. Public Notification. Staff mailed notices to eleven (11) property owners within 200 feet of the site. Notice was published in the Fort Worth Star Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Summary. Staff does not recognize a hardship with regard to the front yard setback encroachment; therefore, staff recommends denial of this request. Recommendation Denial Attachments 1.Application 2.Notification List 3.Buffer Map 4.Location and Zoning Map 5.Aerial Map 6.Site Plan 7.Front Porch Rendering Application Application Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Harmon, Robert Lee 201 Timberline Dr S Colleyville Texas 76034 000201 Timberline Dr S Barry & Faye Alldredge Liv Tr 5005 Fry Ln Colleyville Texas 76034 005013 Fry Ln Wells, Melinda A 301 Timberline Dr S Colleyville Texas 76034 000301 Timberline Dr S Cossu, Jeffrey A Etux Jill A 2909 Clairemont Ln Euless Texas 76039 005025 Fry Ln Bahjat, Sib 1101 Tuscany Ter Keller Texas 76262 000212 Timberline Dr S Hunt, Rhonda S 208 Timberline Dr S Colleyville Texas 76034 000208 Timberline Dr S Swaim, Floyd D Etux Bobby JPO Box 8 Colleyville Texas 76034 000204 Timberline Dr S Atkins, Craig L Etux Susan K 200 Timberline Dr S Colleyville Texas 76034 000200 Timberline Dr S Burton, Ronald R Etux Anetia 129 Timberline Dr S Colleyville Texas 76034 000129 Timberline Dr S Singletary, Mark A Etux Connie 209 Timberline Dr S Colleyville Texas 76034 000209 Timberline Dr S Swaim, Floyd D Etux Otilia 205 Timberline Dr S Colleyville Texas 76034 Applicant Public hearing notices were  mailed Friday, Feb. 6, 2015 by Taci  Wrisley Notification List LLOYD CIR F R Y L N TIMBERLINE DR N TIMBERLINE DR S TIMBERLINE DR N TIMBERLINE DR S RO C K R I M M O N C T 5025 116 306 5005 300 5013 312 301 5200 301 305 112 309 401 5001 5100 316 301 309 308 300 300 400 401 304 400312308 313 312 213 305 304 205 209 204 208 208 205 209 204 212 101 113 113 117 4997 212 129 100 201 109105 121 112 116 201 125 104 108 200 120 124 128 200 116 132 129 49254924 4921 313 201 109 3094917 405 5408205 112 5008 5012 4920 109 101103 111105 109 205 217101203213 301209 4902 4916 305 404 405 404 3175004 4913 5408 / Case VC15-001 205 Timberline Dr. S. Legend Properties within 200 feet Subject Property Parcels Subject Property Buffer Map TIMBERLINE DRIVE SOUTH 5025 5013 301 116 5005 205 208 209 204 212 129 201 200 213 116 300 205 209 300 301 201129 306 125 Location and Zoning Map Subject Property TIMBERLINE DRIVE SOUTH 5025 5013 301 116 5005 205 208 209 204 212 129 201 200 213 116 300 205 209 300 301 201129 306 125 Aerial Subject Property Site Plan Fr o n t P o r c h R e n d e r i n g Date: I will speak In Support of this item. I will speak In Opposition to this item. SPEAKER CARD I/ I do not wish to speak, but please record my:'Xupport ❑opposition Agenda Item Number: 29 - Name: I Oklhic ur Address: (IYyr11%C' City: �� �� �� State://` Zip Code:700 Telephone Number:Representing: (organization/self) 1 understand / am limited to speaking for five minutes. For busines not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance w" the Texas Open etings Law, Chapter 551 of the Texas Local Government Code. Signed: is inf4matioH is a Public Record. Date: , r1- a t - I S SPEAKER CARD 1/ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: Address: ,2D,�— City: l�y, lIE State: 7� Zip Code: D c Telephone Number:A'i7— q1 -S3Ss0 Representing: (organization/self) 1 understand / am limited to speaking for five minutes. For business not listed on the agenda as a P*lic Hearing, the ZBA or SBA will not respond in accordance with the Texas Open Meedpq&LjW Chapter 551 of the Texas Local Government Code. is a Public Record. SPEAKER CARD Date: z— I will speak In Support of this item. I will speak In Opposition to this item.osition I do not wish to speak, but please record my: upport ❑opP Agenda Item Number:A, I �A , & l� Name: i . r _ ® u lirn 1fn Address: City: / Il / ! P -� State: Zip Code: %7— ±24-jepresenting: Telephone Number: 71��(organization/self) 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond In accordance with the Texas open Meetings L9'aww,,, Chapter 551 of the Texas Local Government Code. Signed. this infJormation ,$ a Public Record. Date: !S- SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. tit I do not wish to speak, but please record my: upport ❑opposition Agenda Item Number: 2 ',VA 6AR-l.Aru� Name: ffi4 irf 7 Address: `1.06.1 ✓Vt� /%(iflf City: CSL vrmz- State:7"Y Zip Code:`/ Telephone Nu er: ?A -6&q1 "I � �`y1 Representing: C;;&L^ (organization/self) I nderstand / am limited to speaking for five minutes. For busin s t is on the agenda ps a Public Hearing, the ZBA or SBA will not respond in accordant i Texa Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: - SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: yl'/✓�� ��� Name:-'10��/�), i Address: �e�2e ALL J`2- City: // 14 Z,,/ State: 7�, Zip Code: �/' ? Telephone Number: �% �%% ,�A/OARepresenting: (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Publi Hearing, the ZBA or SBA will not respond in accordance with the Texas Open Meetin Law pter 551 of the Tex Local Government Code. Signed: This information is a Public Record.