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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-7/14/2015 City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 14, 2015 City Council Chambers 7:00 PM CITY COUNCIL CHAMBERS THIRD FLOOR CALL TO ORDER PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES April 14, 2015 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to the lot coverage requirements by buildings in Chapter 3 – Land Use of the Land Development Code on Lot 4, Block 1, of the St. Andrews Estates Addition, located at 5900 St. Andrews Court, Case VC15-003 2b 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 1R, Block 2, of the Ratliff Addition, located at 5320 Pleasant Run Road, Case VC15-005 3. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards July 10, 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 Tuesday, April 14, 2015 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 April 14, 2015 at 7:20 p.m. Roll Call Present: Board members Jason Elms, Mark Collier, Larry Kainer (Alternate 1), and Dee McNosky Absent: Board members Dee Kamerman (Alternate 2), Judson Orlando, and Mike Leathers Staff Present: Patia Boomsma and Taci Wrisley 1. APPROVAL OF MINUTES Board member Elms made a motion to approve the minutes as written. Board member Kainer seconded. The motion to approve the minutes as written carried by the following vote: Aye: 4 – Elms, Collier, Kainer, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a 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 7R2, Block 1, of the Tillman Acres Addition, located at 7504 John McCain Road, Case VC15-002 Patia Boomsma presented the case and briefed the Board. The public hearing was opened at 7:25 p.m. Chris Gruensfelder, the applicant, came forward and briefed the Board. Zoning Board of Adjustment Minutes April 14, 2015 City of Colleyville Page 2 Board member Elms questioned Mr. Gruensfelder regarding the fence material and height of the fences of the adjacent properties and the neighborhood. Mr. Gruensfelder replied they are mismatched, building material and height. Board member Elms questioned staff regarding if the requested variance was specifically for the location of the proposed fence. Patia Boomsma replied yes, due to the building setback line. Board member Elms questioned Mr. Gruensfelder regarding whether the gate would be a swinging gate or a rolling gate. Mr. Gruensfelder replied it would be a 14 foot swinging gate. Board member McNosky questioned Mr. Gruensfelder regarding whether the stone columns would create a visibility issue. Mr. Gruensfelder replied no. Mr. Gruensfelder stated the homeowner also has concerns with cars being parked on the road, in front of their home. Board member McNosky questioned Mr. Gruensfelder if this residence was part of a homeowner’s association. Mr. Gruensfelder replied no. Board member Collier questioned staff regarding whether the property owner would need a variance if they had an additional 10,000 square feet of property. Patia Boomsma replied no, they would just need to apply for a building permit. Derek Neubauer, the property owner, came forward and briefed the Board. Board member McNosky questioned Mr. Neubauer regarding if his intent was to tie the proposed fence into the existing stone column at the property line. Mr. Neubauer replied yes. Board member Collier questioned Mr. Neubauer regarding if other properties in the neighborhood had fences across the front yard. Mr. Neubauer replied yes, several. Discussion continued regarding fences in the neighborhood. There being no one else wishing to speak, the public hearing was closed at 7:40 p.m. Board member Elms stated the fence would not look or feel out of Zoning Board of Adjustment Minutes April 14, 2015 City of Colleyville Page 3 place given the topography of the property. Board member Elms made a motion to approve Case VC15- 002. Board member Kainer seconded. Board member McNosky stated she concurred with Board member Elms. The motion to approve Case VC15-002 carried by the following vote: Aye: 4 – Elms, Collier, Kainer, and McNosky 3. ADJOURNMENT The meeting adjourned at 7:42 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on June 9, 2015 by a vote of _____. 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 07/14/2015 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to the lot coveragerequirements by buildings in Chapter 3 – Land Use of the Land Development Codeon Lot 4, Block 1, of the St. Andrews Estates Addition, located at 5900 St.Andrews Court, Case VC15-003 Explanation The applicant, Zack Karlovich, is requesting a variance to the lot coverage requirements on Lot 4, Block 1, of the St. Andrews Addition located at 5900 St. Andrews Court. Lot coverage includes the total area of the building footprint (under roof) as a percentage of the total square footage of the property. Existing Conditions. A 4,789 square foot, single story home is currently under construction on the property. Two garages totaling 991 square feet and a covered porch measuring 86 square feet bring the existing lot coverage to 5,866 square feet, or 29.3 percent. The governing zoning district (R20 – Single Family Residential District) stipulates a maximum lot coverage of 30 percent. Variance Request. The applicant is requesting a variance to increase the lot coverage from a maximum of 30 percent to 33 percent to accommodate a covered patio. According to the attached exhibit, the proposed covered area is 6,416 square feet on a 20,034 square foot lot, yielding a lot coverage of 32.03 percent. Lot Coverage. The following are the lot coverage requirements broken down by single family zoning category: PUDR – 50% R15 – 30% R20 – 30% R30 – 25% R40 – 20% RE (Estate) – 20% AG (Agricultural) – 20% Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 2 Land Development Code. Chapter 1, Section 1.16.E.10 of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances to the lot coverage 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 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. Public Notification. Staff mailed notices to 19 property owners within 200 feet of the site and notified one homeowner association within 500 feet. As of this writing, staff has received one (1) letter of support. Summary. The subject property does not differ from the other parcels of land in the same district by area, shape or slope. The proposed covered patio also appears to be a self-created or personal hardship. Therefore, staff recommends denial. Recommendation Denial Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Letter of Support 6.Lot Coverage Exhibit C H A L F O R D C M N CR E S C E N T L N DUNS TEW PATH LAURA LN ST A N D R E W S C T KA Y S C T CRESCENT WAY TAPPEN SHIRE 0 6008 724 727 719 0 720 720 5904 719 5900 5808 5804 5808 5908 5812 5808 5900 5805 5809 5812 5905 5813 5816 5901 5805 5905 5809 5813 5901 5812 5909 5804 59125908 5911 5907 5841 5825 5849 5829 5833 5837 5915 5903 5845 5909 5821 5919 58005815 5802 5801 7165801 723 719 R-20 R-20R-20 PUD-R / Subject Property Location and Zoning Map C H A L F O R D C M N CR E S C E N T L N DUNS TEW PATH LAURA LN ST A N D R E W S C T KA Y S C T CRESCENT WAY TAPPEN SHIRE 0 6008 724 719 727 720 720 719 5904 5900 5808 5804 5808 5908 5812 5808 5900 5809 5812 5905 5813 5816 5901 5805 5905 5805 5809 5813 5901 0 5812 5909591259085909 5804 5911 5907 5841 5825 5849 5829 5833 5837 5915 5903 5845 5821 5919 5815 5802 5803 723 5800 719 716 715 716 / Subject Property Aerial C H A L F O R D C M N CRYSTALWAY K A Y S C T CR E S C E N T L N DUNS TEW PATH LAURA LN ST A N D R E W S C T KA Y S C T CRESCENT WAY W L D LOCKETT RD TAPPEN SHIRE LOCKLEY WAY HE R O N P O N D E 0 5802 0 716 6008 712 719 724 719 716 723 720 715 715719 716720 715 727 7275912 5803 5908 5904 5900 5808 5913 5804 5808 5800 5908 5812 6000 5808 5900 5912 5804 5801 5909 5805 5809 5812 5905 5801 5813 5816 5901 5805 5905 5809 5813 5901 5909 5913 5801 5800 5812 724 71660017206004 6025 5927 5811 5911 5907 5841 5825 5849 5829 5923 5833 5837 5915 5903 5845 5931 5807 5917 5815 5821 5935 5919 5922 5910 5918 5902 5842 5914 5834 5846 5906 5838 5830 712 0 6024 711 5802 712 5803 6021 6032 712 711 711 801 5808 6100 / Subject Property Case VC15-003 5900 St Andrews Ct. Legend Properties within 200 feet Subject property Parcels Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address KIME DENNIS JAKE 5901 KAYS CT COLLEYVILLE Texas 76034 5901 KAYS CT DUSTIN AUSTIN ENTERPRISES INC 700 W HARWOOD RD STE G2 HURST Texas 76054 5808 ST ANDREWS CT DUSTIN AUSTIN ENTERPRISES INC 700 W HARWOOD RD STE G2 HURST Texas 76054 5812 ST ANDREWS CT MCCH INDUSTRIES LLC 5900 ST ANDREWS CT COLLEYVILLE Texas 76034 5900 ST ANDREWS CT AZER MERVAT N 5805 KAYS CT COLLEYVILLE Texas 76034 5805 KAYS CT LINDBLOM SCOTT 5809 KAYS CT COLLEYVILLE Texas 76034 5809 KAYS CT LAVACA ASSOCIATES LLC 5637 SMALLER RD JOHNSTOWN OH 43031 5813 KAYS CT DUSTIN AUSTIN ENTERPRISES INC 700 W HARWOOD RD STE G2 HURST Texas 76054 5805 ST ANDREWS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS Texas 75225 5809 ST ANDREWS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS Texas 75225 5813 ST ANDREWS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS Texas 75225 5901 ST ANDREWS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS Texas 75225 5905 ST ANDREWS CT CAMPANILE GLENN A 5812 CHALFORD CMN COLLEYVILLE Texas 76034 5812 CHALFORD COMMON HANKINS JEREMY 5816 CHALFORD CMN COLLEYVILLE Texas 76034 5816 CHALFORD COMMON THORNE JENNIFER 5808 KAYS CT COLLEYVILLE Texas 76034 5808 KAYS CT L T ESTATES HOA INC 215 W COLLEGE ST GRAPEVINE Texas 76051 5812 KAYS CT BOOTS BRIAN 5900 KAYS CT COLLEYVILLE Texas 76034 5900 KAYS CT ELLISON JOHN 5905 KAYS CT COLLEYVILLE Texas 76034 5905 KAYS CT JFD ST ANDREWS LTD 8333 DOUGLAS AVE STE 1300 DALLAS T Texas 75225 5908 ST ANDREWS CT COVINGTON COLLEYVILLE HOA INC 1221 N INTERSTATE CARROLLTON Texas 75006 6008 CHALFORD COMMON ZACK KARLOVICH 550 HWY 5 FAIRVIEW TEXAS 75069 APPLICANT Public hearing notices were mailed Thursday, May 21, 2015 by Taci Wrisley Letter of Support Lo t C o v e r a g e E x h i b i t 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 2b Agenda Date 07/14/2015 Number Type Public Hearing Agenda Items Department Community Development Title Request for avariance to certain provisions of Section 3.26 Fences, Free Standing Walls, andScreening Materials of the Land Development Code on Lot 1R, Block 2, of theRatliff Addition, located at 5320 Pleasant Run Road, Case VC15-005 Explanation The applicant, Gary Belue, is requesting a variance to the screening requirements for commercial properties located adjacent to residential properties on Lot 1R, Block 2 of the Ratliff Addition, located at 5320 Pleasant Run Road. Existing Conditions and Zoning. The subject property is zoned CN – Neighborhood Commercial District and is undeveloped. It is surrounded by commercial zoning districts on all sides except to the north, which is zoned PUD-R – Planned Unit Development – Residential. There is one residential lot adjacent to the property on its north side, and the other adjacent lot to the north has common open space for the residential development. A six-foot tall wood fence currently exists on the property line. A large native pecan tree is located just to the south of the fence on the subject property. Proposed Development. The applicant proposes to develop an office building on the property. Land Development Code. Section 3.26 D(2)a of Chapter 3-Land Use states: “Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened, with a decorative masonry wall, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet.” Requested Variance. The applicant is requesting to provide an eight-foot wood privacy fence instead of an eight-foot masonry wall as required by the Land Development Code in order to preserve a large pecan tree located on the property line. The applicant stated in the application letter that the proposal would prevent damage to the tree and its root system.. The proposed fence is board-on-board, double-sided, stained cedar with a cap. Public Notification. Staff mailed notices to 19 property owners within 200 feet of the site. A letter has been received from one of the two abutting property owners, located at 805 Regina Court, stating his support of the project subject to the following Zoning Board of Adjustment Agenda Briefing 2b City of Colleyville Page 2 stipulations: 1. The existing six-foot fence be removed. 2. The new eight-foot fence will be installed along the existing concrete footer. 3. Landscape plantings and trees on 805 Regina Court will not be damaged. If damage occurs, the plant material will be replaced with comparable materials. Summary. While the screening of commercial uses from residential uses is prioritized in the Land Development Code and the 2004 Master Plan, a high level of importance is also placed on preserving trees. Per Section 1.16.G.6. of the Land Development Code, the Zoning Board of Adjustment may prescribe appropriate conditions and safeguards in granting a variance. Given that one of the two adjacent property owners (the only property owner with a home on their lot) is in support of the proposed alternative screening if certain conditions are in place, staff recommends approval with the following conditions: 1. The existing six-foot fence be removed. 2. The new eight-foot fence will be installed along the existing concrete footer. 3. Landscape plantings and trees on 805 Regina Court will not be damaged. If damage occurs, the plant material will be replaced with comparable materials. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Statement of Planning Objectives 6.Letter of Support 7.Site Plan Exhibit REGINA CT P L E A S A N T R U N R D CENTRAL DR 5312 5301 5405 5003 816 815813 5310 5309 814 5300 820 5320 817 5313 5412 811 812 808816 5412 820 804 813 809 805821817 812 800 825 801 824 5232 5301 5405 828 5505 52175226 AG R-20 CN CC-1 PUD-R CC-1 AG R-10 CC-1 CC-1 PUD-C CC-1 / Subject Property L. D. L O C K E T T R D Location and Zoning Map REGINA CT P L E A S A N T R U N R D CENTRAL DR 5312 816 5310 5405 812 814 5309 820 815 5320 817 811 813 5313 5301 825 813 809 805821817 824 816 808 828 801 820 804812 800 5300 5408 715/ Subject Property L. D. L O C K E T T R D Aerial REGINA CT M I S S I O N L N P L E A S A N T R U N R D VERANDA LN THOMAS ST COL L E Y V I L L E B L V D CASA LN VERANDA L N CENTRAL DR 5003 5312 5301 5405 5505 5226 52325217 816 5412 5405 805 5201 815813 5310 5309 1007 814 803 5300 820 811 5412 5320 801 817 713 812 5313 808816820 804 813 5204 809 805821817 812 800 825 824 70 38 709 48 801 76 34427266646268 828 32 5301 2323/Subject Property Case VC15-005 5320 Pleasant Run Road Legend Properties within 200 feet Subject property Parcels Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE Texas 76034 5312 COLLEYVILLE BLVD LALA MARLENE 816 CENTRAL DR COLLEYVILLE Texas 76034 816 CENTRAL DR MITZEL CINDY A 800 REGINA CT COLLEYVILLE Texas 76034 800 REGINA CT JPC REALTY LTD PO BOX 820502 NORTH RICHLAND HILLS Texas 76182 804 REGINA CT HUNKINS RALPH H 808 REGINA CT COLLEYVILLE Texas 76034 808 REGINA CT CHACKO RAIBU 817 REGINA CT COLLEYVILLE Texas 76034 817 REGINA CT GRIFFIN TIMOTHY S 813 REGINA CT COLLEYVILLE Texas 76034 813 REGINA CT BRADLEY MICHAEL 809 REGINA CT COLLEYVILLE Texas 76034 809 REGINA CT SIMPLER RUSSELL W 805 REGINA CT COLLEYVILLE Texas 76034 805 REGINA CT COLLEYVILLE HEIGHTS LLC PO BOX 1132 COLLEYVILLE Texas 76034 801 REGINA CT GROFFMAN STEVEN 815 CENTRAL DR COLLEYVILLE Texas 76034 815 CENTRAL DR FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE Texas 76034 5405 PLEASANT RUN RD CLARKE PRODUCTS INC 820 CENTRAL DR COLLEYVILLE Texas 76034 820 CENTRAL DR DS & RS PROPERTIES LLC 2421 ARBOR GATE LN COLLEYVILLE Texas 76034 5320 Pleasant Run RD HOROBEC JOHN 626 S CHURCH ST GRAPEVINE Texas 76051 5310 PLEASANT RUN RD FIGUEROA ROBERT 817 CENTRAL DR COLLEYVILLE Texas 76034 817 CENTRAL DR FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE Texas 76034 5313 PLEASANT RUN RD FEGAN DENNIS JOHN II 1303 BELLEFONTE LN COLLEYVILLE Texas 76034 5309 PLEASANT RUN RD HART KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE Texas 76034 5301 PLEASANT RUN RD GARY BELUE 12084 N. OAK COURT AZLE TEXAS 76020 APPLICANT Public hearing notices were mailed Thursday, May 21, 2015 by Taci Wrisley Notification List S i t e P l a n E x h i b i t