HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-9/8/2015
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, September 8, 2015 City Council Chambers
7:00 PM
CITY COUNCIL CHAMBERS
THIRD FLOOR
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. APPROVAL OF MINUTES
July 14, 2015
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 3, Block 2, of
the Glenhope Addition, located at 6613 Glenhope Circle North, VC15-007
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 7, Block A, of
the Westmont Addition, located at 101 Bartram Lane, VC15-008
2c 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 31, Block A, of
the Somerset Manor Addition, located at 1100 Rhett Drive, VC15-009
2d 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 30, Block A, of
the Somerset Manor Addition, located at 1105 Guthrie Drive, VC15-010
2e 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 14, Block B, of
the Somerset Manor Addition, located at 7021 Avery Lane, VC15-011
3. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards September 4,
2015 by 5:00 p.m.
Taci Wrisley
Planning and Zoning Assistant
Zoning Board of Adjustment Agenda September 8, 2015
City of Colleyville Page 2
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, July 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 July 14, 2015 at 7:00 p.m.
Roll Call
Present: Board members Jason Elms, Mark Collier, Dee Kamerman (Alternate 2),
Judson Orlando, and Dee McNosky
Absent: Board members Larry Kainer (Alternate 1), 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 Collier seconded.
The motion to approve the minutes as written carried by the
following vote:
Aye: 5 – Elms, Collier, Kamerman, Orlando, and McNosky
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
Patia Boomsma presented the case and briefed the Board.
The public hearing was opened at 7:05 p.m.
Bryon Reid, the builder, came forward and briefed the Board.
Mary Reap, the future homeowner, came forward and spoke in
support.
Zoning Board of Adjustment Minutes
July 14, 2015
City of Colleyville Page 2
Louie Ocana, the president of the building company, came forward
and spoke in support.
Board member Elms questioned Mr. Reid regarding whether a
different layout for the new home was considered versus asking for a
variance. He added he did not believe there was a hardship for this
case. Mr. Reid replied they would have considered a different layout,
however, the current layout was designed based on the idea of having
trees for privacy and shade.
Board member McNosky stated she understood the builder would
have designed a different layout if there were no trees prior to
construction. She further stated the City of Colleyville has
requirements for tree removal and proper procedure had to have
been taken for the trees on the property to the west to have been
removed.
Discussion continued regarding the lot and the removal of trees.
Board member McNosky questioned staff regarding whether the patio
was figured in with the lot coverage calculation. Patia Boomsma
replied the patio is flatwork and is not included.
Board member Collier questioned staff regarding which developments
in the city were allowed fifty percent lot coverage. Patia Boomsma
replied the developments that are allowed up to fifty percent lot
coverage are in Planned Unit Development (PUD) areas, where lots
are considerably smaller in size.
There being no one else wishing to speak, the public hearing was
closed at 7:24 p.m.
Board member Elms made a motion to deny Case VC15-003.
Board member Orlando seconded.
The motion to deny Case VC15-003 carried by the following
vote:
Aye: 5 – Elms, Collier, Kamerman, Orlando, and McNosky
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
Patia Boomsma presented the case and briefed the Board.
Zoning Board of Adjustment Minutes
July 14, 2015
City of Colleyville Page 3
The public hearing was opened at 7:28 p.m.
Gary Belue, the applicant, came forward and briefed the Board.
Board member Orlando questioned staff regarding whether there
were fence requirements for screening between commercial uses.
Patia Boomsma replied no.
Board member Orlando questioned Mr. Belue regarding whether there
was an existing footer for a fence. Mr. Belue replied yes.
Board member Orlando questioned Mr. Belue what was to the north of
the subject property. Mr. Belue replied residences and a
homeowner’s association detention pond.
Board member Kamerman questioned Mr. Belue regarding whether
the tree they were attempting to protect would be boxed in the same
way it currently is. Mr. Belue replied yes but they would be creating a
little more room for the tree.
Discussion occurred regarding the current conditions along the
property line.
Board member Orlando stated he had concerns regarding drainage
from 805 Regina Court. Patia Boomsma stated the city had codes
regarding drainage requirements that would not allow for someone
create more drainage on someone else’s property.
Board member Elms made a motion to approve Case VC15-005
with the following conditions: 1) the existing six foot fence be
removed 2) an eight foot fence be constructed using the
existing footers and 3) the builder shall replace any damaged
landscaping. Board member Collier seconded.
Board member Orlando questioned Mr. Belue regarding whether he
would be willing to continue the curb the existing length of the
property. Mr. Belue replied the more excavating that is done, the
more damage the tree will endure.
The motion to approve Case VC15-005 with the following
conditions: 1) the existing six foot fence be removed 2) an
eight foot fence be constructed using the existing footers and
3) the builder shall replace any damaged landscaping carried
by the following vote:
Zoning Board of Adjustment Minutes
July 14, 2015
City of Colleyville Page 4
Aye: 5 – Elms, Collier, Kamerman, Orlando, and McNosky
3. ADJOURNMENT
The meeting adjourned at 7:38 p.m.
Minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on September 8, 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 09/08/2015 Number
Type Public Hearing Agenda Items
Department Community Development
Title
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 3, Block 2, of the Glenhope Addition, located at 6613
Glenhope Circle North, Case VC15-007
Explanation
The applicant, Paul Carrocci, is requesting a variance to the requirements for fences in
the Land Development Code, located at 6613 Glenhope Circle North.
Existing Conditions and Zoning. The subject property is zoned “R20” – Single
Family Residential District and has an existing single family home. It is surrounded by
R20 zoning to the north, west, and south, and to the east is the City of Grapevine, and
all surrounding properties are developed with single family residential homes. There is
currently no fence on the subject property. The owner states that the house was
constructed in 1984, and the previous owner never installed a fence.
Proposed Development. The applicant is proposing to install a fence on the subject
property to enclose the residential yard. The applicant is requesting a variance
because the proposed fence location does not meet the requirements of the Land
Development Code.
Land Development Code. Section 3.26 E(2) states:
“E. Fence and Free Standing Wall Setback Requirements
…
2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences
and walls within a required side yard adjacent to a street right of way shall meet
the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than
thirty inches (30”) in height or greater than 25 percent opaque construction)
within a required street side yard shall be subject to whichever of the following
provisions a) through d) shall yield the greatest setback:
a. If the subject lot has a street side yard which faces a dwelling front or lot
front across the side street, the side yard privacy fence or wall shall be
located not less than fifteen feet (15’) from the property line, except on any
Zoning Board of Adjustment Agenda Briefing 2a
City of Colleyville Page 2
lot having either a required side yard less than fifteen (15’) feet or an existing
primary structure setback less than fifteen (15’) feet, then the fence or wall
may be constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard
privacy fence or wall shall be located not less than fifteen feet (15’) from the
side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard
privacy fence or wall shall be located not closer to the side property line than
the required front setback of the adjoining lot; or…”
The existing home fronts on Pool Road but takes access off of Glenhope Circle North,
and the subject lot backs to the side of another residential lot to the west (so it falls
under letter “c” above). The proposed fence is proposed to be up to six feet tall. The
applicant has stated that it will either be wrought iron or wrought iron with wood
paneling. The applicant is not requesting a variance to the proposed materials so it
would need to be wrought iron, of those two options.
The proposed fence would be considered a privacy fence or wall under the above
stated provisions and would therefore be required to be set back a minimum of 30 feet
from Glenhope Circle North, which is the front yard setback minimum in the governing
zoning district.
Requested Variance. The applicant is requesting to install the proposed fence
approximately 7.5 feet from the northern property line versus the required fence
setback in this instance of 30 feet.
Public Notification. Staff mailed notices to 11 property owners within 200 feet of the
site, in addition to courtesy notices to the applicant, Grapevine-Colleyville ISD, and the
City of Grapevine (to the east of the subject property), and no responses have been
received as of the time of this writing.
Summary. Staff recognizes that the subject property has unique characteristics, in
terms of fronting on Pool Road and taking access off of Glenhope Circle North, in
addition to an existing retaining wall. Due to the established streetscape along
Glenhope Circle North (see Photo Exhibit provided by applicant, attached) and the
adjacent established residential home to the west that has no fence within the front
yard, Staff has assessed that a more appropriate location of the proposed fence would
be on top of the existing retaining wall line, where the fence would be within the 30-
foot setback. This compromise approach would still require a variance to the same
requirement, but the fence would be set back farther and would correlate to the
existing site features and disturb the existing mature tree line less than the proposed
location.
Zoning Board of Adjustment Agenda Briefing 2a
City of Colleyville Page 3
Recommendation
Approve as recommended by Staff.
Attachments
1.Location and Zoning Map
2.Aerial Map
3.Public Notification Map
4.Public Notification Mailing List
5.Application (3 Pages)
6.Site Plan by Applicant
7.Photo Exhibit by Applicant (20 Pages)
IN
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TWELVE OAKS LN
GL
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GLENHOPE CIR S
GLENHOPE CIR N
6600
6480
6616
6504
6613
6500
6505 6501
6509
26032505 26072509260525072601250324092501
6512
6609
2407
6605
66086604 6612
6508
2410 2500 2502 2504 2506 2604260025082602 2606
2405
AG
R-20
/
City of
Grapevine
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Subject Property
GL
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GLENHOPE CIR S
GLENHOPE CIR N
6616
6613
6505 6501
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6605
6608 66126604
6500650465126508
2507 2509 26032601 260726052505
/
City of
Grapevine
PO
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Subject Property
TWELVE OAKS LN
GL
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GLENHOPE CIR S
GLENHOPE CIR N
6600
6480
6616
6504
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6505 6501
6509
26032505 260725092605250726012503
6512
6609
6605
66086604 6612
6508
2502 2504 26042506260025082602 2606
/
Case VC15-007
6613 Glenhope Circle North
City of
Grapevine
PO
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Subject Property
Legend
Subject Property
Properties within 200 feet
Parcels
City Limit
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
MORRIS, MELINDA WRIGHT 6616 GLENHOPE CIR N COLLEYVILLE TEXAS 76034 6613 GLENHOPE CIR N
STARK, SHAUN 6608 GLENHOPE CIR N COLLEYVILLE TEXAS 76034 6608 GLENHOPE CIR N
CLENDINNING, BEN 6505 GLENHOPE CIR S COLLEYVILLE TEXAS 76034 6505 GLENHOPE CIR S
MORRIS, MELINDA WRIGHT 6616 GLENHOPE CIR N COLLEYVILLE TEXAS 76034 6616 GLENHOPE CIR N
RAWLINGS, RICHARD L 6509 GLENHOPE CIR S COLLEYVILLE TEXAS 76034 6509 GLENHOPE CIR S
SEAWRIGHT, HAROLD K 6609 GLENHOPE CIR N COLLEYVILLE TEXAS 76034 6609 GLENHOPE CIR N
MEGELLAS, JAMES ARTHUR 6612 GLENHOPE CIR N COLLEYVILLE TEXAS 76034 6612 GLENHOPE CIR N
HAMILTON, ARTHUR L 6500 GLENHOPE CIR S COLLEYVILLE TEXAS 76034 6500 GLENHOPE CIR S
MCMELLON, J'ANNA 6605 GLENHOPE CIR N COLLEYVILLE TEXAS 76034 6605 GLENHOPE CIR N
SHELTON, B KEITH 6504 GLENHOPE CIR S COLLEYVILLE TEXAS 76034 6504 GLENHOPE CIR S
ZUREIKAT, AIMAN 6501 GLENHOPE CIR S COLLEYVILLE TEXAS 76034 6501 GLENHOPE CIR S
CITY OF GRAPEVINE, PLANNING DEPT PO BOX 95104 GRAPEVINE TEXAS 76099 COURTESY NOTICE
GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE TEXAS 76051 STATE LAW
PAUL CARROCCI 6613 GLENHOPE CIR N COLLEYVILLE TEXAS 76034 APPLICANT
Public hearing notices were mailed Friday,
August 21, 2015 by Taci Wrisley
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 09/08/2015 Number
Type Public Hearing Agenda Items
Department Community Development
Title
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 7, Block A, of the Westmont Addition, located at 101
Bartram Lane, Case VC15-008
Explanation
The applicant, Ryan Panno, is requesting a variance to the requirements for fences in
the Land Development Code, located at 101 Bartram Lane.
Existing Conditions and Zoning. The subject property is zoned “PUDR” – Planned
Unit Development Residential District (Ordinance No. O-98-1106) and has an existing
single family home within the Westmont Addition that was recently constructed. It is
surrounded by the same PUDR zoning on all sides, and the surrounding properties to
the north, east, and south are developed with single family residential homes. The
property to the west is a City park, McPherson Park. There is currently no fence on the
subject property.
Proposed Development. The applicant is proposing to install a fence on the subject
property to enclose the residential yard. The applicant is requesting a variance
because the proposed location of the fence does not meet the requirements of the
Land Development Code.
Land Development Code. Section 3.26 E(2) states:
“E. Fence and Free Standing Wall Setback Requirements
…
2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences
and walls within a required side yard adjacent to a street right of way shall meet
the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than
thirty inches (30”) in height or greater than 25 percent opaque construction)
within a required street side yard shall be subject to whichever of the following
provisions a) through d) shall yield the greatest setback:
a. If the subject lot has a street side yard which faces a dwelling front or lot
front across the side street, the side yard privacy fence or wall shall be
Zoning Board of Adjustment Agenda Briefing 2b
City of Colleyville Page 2
located not less than fifteen feet (15’) from the property line, except on any
lot having either a required side yard less than fifteen (15’) feet or an existing
primary structure setback less than fifteen (15’) feet, then the fence or wall
may be constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard
privacy fence or wall shall be located not less than fifteen feet (15’) from the
side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard
privacy fence or wall shall be located not closer to the side property line than
the required front setback of the adjoining lot; or…”
The existing home fronts on Bartram Road, and the subject lot backs to the rear of
another residential lot to the south (so it falls under letter “b” above). This
requirement’s interpretation is illustrated by the attached exhibit (“LDC Requirement
Illustration”) created by staff for reference. The proposed fence is six feet tall and
tubular galvanized steel (similar to wrought iron).
Requested Variance. The applicant is requesting to install a fence along the south
side of the subject property, approximately seven feet, six inches from the rear
property line, and a portion of the west side of the subject property, approximately 11
feet from the western side property line. The portion of the fence that is along the
western side of the subject property is required to be set back 15 feet from the
western property line where the fence is not within the rear yard. Instead of the
required 15-foot setback, the applicant is proposing to provide the fence 11 feet from
the western property line (see attached Site Plan exhibit).
Public Notification. Staff mailed notices to 14 property owners within 200 feet of the
site, in addition to courtesy notices to the applicant and Keller ISD, and no responses
have been received as of the time of this writing.
Summary. Although no hardship as defined by the Land Development Code has been
demonstrated by the applicant, Staff recognizes that at least one other fence in the
subject property’s neighborhood, the fence associated with the residential lot that
backs to the subject property, has been permitted to be installed in a similar
configuration (see attached Street View Image exhibit). Since the proposed fence
location and configuration are consistent with adjacent fence configurations, and the
fence location should not adversely affect the neighboring properties or the subdivision
as a whole, Staff recommends approval of the proposed variance request.
Recommendation
Approve
Attachments
Zoning Board of Adjustment Agenda Briefing 2b
City of Colleyville Page 3
1.Location and Zoning Map
2.Aerial Map
3.Public Notification Map
4.Public Notification List
5.Application (2 Pages)
6.Site Plan by Applicant
7.Fence Detail by Applicant
8.Landscape Plan by Applicant
9.LDC Requirement Illustration
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MUIR LN
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240 240
109
109
6699
6699
111205209
101
1146700106
109
110
113
108 112
6704
117
65126512
105
116 120
121
104
6605
6605
6701
6704 6705
6703
307
6706
6605
6709 670867086707
101
100
6699
6600
101
6710
PUD-R
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MCDONWELL SCHOOL RD
Subject Property
B
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MUIR LN
BARTRAM LN
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240
66996699
101
6700
109 113
108 112
109109
114
117
106
105
116 120
121
104
110 6701
111205
101
100
6699
6600
101
67056704 6704
/MCDONWELL SCHOOL RD
Subject Property
Legend
Properties within 200 feet
Subject Property
Parcels
QUILLIN CT
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OLD GROVE RD
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MCDONWELL SCHOOL RD W
MUIR LN
BARTRAM LN
W
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T M O N T D R
LE
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LN
240 240
6605
6799
6699
6699
109
109
6799
66056605
6901
111205209
203
307
200
207
205201
204
6712
101
6813
6801
6809
200114
6805
6700
101
106
6708
217 105225
109
109
110
221 205 201209
113
108 112
6704
213
117105
201
116 120
121
104
6709
6701
6704
6712 6711
6708 6707
6800
6812
6804 6805
6705
6801
6703
6808
6710
6706
6809
6714
6713
6817
101
100
6799
6699
6600
101
200
/
Case VC15-008
101 Bartram Lane
MCDONWELL SCHOOL RD
Subject Property
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
WEIKEL, ALLEN F 112 MUIR LN COLLEYVILLE TEXAS 76034 112 MUIR LN
LARSON, MICHAEL J 6704 HILLIER CT COLLEYVILLE TEXAS 76034 6704 HILLIER CT
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE TEXAS 76034 240 MCDONWELL SCHOOL RD W
MELOTAKIS, DONNA S 105 BARTRAM LN COLLEYVILLE TEXAS 76034 105 BARTRAM LN
KORKMAS, FREDERICK J EST 108 MUIR LN COLLEYVILLE TEXAS 76034 108 MUIR LN
MCCARTHY, JULIE K 104 MUIR LN COLLEYVILLE TEXAS 76034 104 MUIR LN
NAGAO, BLAINE 239 FM 66 ITASCA TEXAS 76055 113 BARTRAM LN
GARY PANNO INC PO BOX 715 COLLEYVILLE TEXAS 76034 101 BARTRAM LN
SNOW, MARNEY 6700 HILLIER CT COLLEYVILLE TEXAS 76034 6700 HILLIER CT
HORN, JOHN P 110 BARTRAM LN COLLEYVILLE TEXAS 76034 110 BARTRAM LN
BIEN, LARRY S 100 MUIR LN COLLEYVILLE TEXAS 76034 100 MUIR LN
WESTMONT MAINTENANCE ASSOC INC 204 S MAIN ST STE 300 KELLER TEXAS 76248 101 MUIR LN
SWANSON, JAMES 109 BARTRAM LN COLLEYVILLE TEXAS 76034 109 BARTRAM LN
WHITFILL, JOHANNA 106 BARTRAM LN COLLEYVILLE TEXAS 76034 106 BARTRAM LN
KELLER ISD 350 KELLER PARKWAY KELLER TEXAS 76248 STATE LAW
RYAN PANNO PO BOX 217 COLLEYVILLE TEXAS 76034 APPLICANT
Public hearing notices were mailed Friday,
August 21, 2015 by Taci Wrisley
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 2c Agenda Date 09/08/2015 Number
Type Public Hearing Agenda Items
Department Zoning Board of Adjustment
Title
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 31, Block A, of the Somerset Manor Addition, located at
1100 Rhett Drive, Case VC15-009
Explanation
The applicant, Ashley Williams with Kimley-Horn and Associates, Inc., is requesting a
variance to the requirements for fences in the Land Development Code, located at
1100 Rhett Drive (Lot 31, Block A of the Somerset Manor Addition). The proposed
fence variance is one of three fence variances being considered concurrently for the
same subdivision.
Existing Conditions and Zoning. The subject property is zoned “PUDR” – Planned
Unit Development Residential District (Ordinance No. O-08-1672) and has an existing
single family home under construction within the Somerset Manor Addition. It is
surrounded by the same PUDR zoning on all sides, and all surrounding properties are
developed with single family residential homes (future construction, under
construction, or completed).
Proposed Development. The applicant is proposing to install a fence on the subject
property to enclose the residential yard. The applicant is requesting a variance
because the proposed location of the fence does not meet the requirements of the
Land Development Code.
Land Development Code. Section 3.26 E(2) states:
“E. Fence and Free Standing Wall Setback Requirements
…
2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences
and walls within a required side yard adjacent to a street right of way shall meet
the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than
thirty inches (30”) in height or greater than 25 percent opaque construction)
within a required street side yard shall be subject to whichever of the following
provisions a) through d) shall yield the greatest setback:
Zoning Board of Adjustment Agenda Briefing 2c
City of Colleyville Page 2
a. If the subject lot has a street side yard which faces a dwelling front or lot
front across the side street, the side yard privacy fence or wall shall be
located not less than fifteen feet (15’) from the property line, except on any
lot having either a required side yard less than fifteen (15’) feet or an existing
primary structure setback less than fifteen (15’) feet, then the fence or wall
may be constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard
privacy fence or wall shall be located not less than fifteen feet (15’) from the
side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard
privacy fence or wall shall be located not closer to the side property line than
the required front setback of the adjoining lot; or…”
The existing home fronts on Rhett Drive, and the subject lot backs to the rear of
another residential lot to the north (so it falls under letter “b” above). This
requirement’s interpretation is illustrated by the attached exhibit (“LDC Requirement
Illustration”) created by staff for reference. The proposed fence is eight feet tall and
cedar board-on-board material.
Requested Variance. The applicant is requesting to install a fence along the west,
north, and east sides of the subject property. The portion of the fence that is along
the eastern side of the subject property, adjacent to Benjamin Way, is required to be
set back 15 feet from the western property line where the fence is not within the rear
yard. Instead of the required 15-foot setback, the applicant is proposing to provide
the fence three feet from the eastern property line (see attached Site Plan exhibit).
There is no retaining wall on the eastern side of the lot contributing to the variance
request.
Public Notification. Staff mailed notices to four property owners within 200 feet of
the site, in addition to courtesy notices to the applicant, Keller ISD, and City of Keller,
and no responses have been received as of the time of this writing.
Summary. No hardship as defined by the Land Development Code has been
demonstrated by the applicant, and no unique site characteristics have been
described. As such, staff recommends denial of the proposed fence variance.
Recommendation
Denial
Attachments
1.Location and Zoning Map
2.Aerial Map
3.Public Notification Map
Zoning Board of Adjustment Agenda Briefing 2c
City of Colleyville Page 3
4.Public Notification List
5.Application (2 Pages)
6.Site Plan by Applicant
7.Plat Exhibit by Applicant
8.Photo Exhibit by Applicant (4 Pages)
9.LDC Requirement Illustration
BE
N
J
A
M
I
N
W
A
Y
R
D
AV
E
R
Y
D
R
CRESTLYN CV
GUTHRIE CT
RHETT DR6901
1109
1108
7001
1105
7013
7004
7012
7008 7009
7000
7117 1104
7005
1101
1100
1104
7028
1100
1105
7021
7004
7113
7012
7109
7033
7017
7025
7005
7009
7029
7021
7101
7105
7013
7020
7016
7024
7008
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
1100
7121
6908
11001116
6900
11131117
1112 11041108
1109
1124 11121116 11081104
PUD-R
PUD-R
PUD-R/
Location and Zoning Map
BE
N
J
A
M
I
N
W
A
Y
R
D
AV
E
R
Y
D
R
CRESTLYN CV
GUTHRIE CT
RHETT DR6901
1109
1108
7001
1105
7013
7004
7012
7008 7009
7000
7117 1104
7005
1101
1100
1104
7028
1100
1105
7021
7004
7113
7012
7109
7033
7017
7025
7005
7009
7029
7021
7101
7105
7013
7020
7016
7024
7008
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
1100
7121
6908
11001116
6900
11131117
1112 11041108
1109
1124 11121116 11081104
/
Aerial Map
BE
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A
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I
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W
A
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D
MURPHY RD
BACH
REMBRANDT
RE
N
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AV
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BRAHMS
CRESTLYN CV
GUTHRIE CT
PR
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CU
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E
T
MO
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B
R
A
H
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S
1010
6901
900
8600
1212
6900
1109
6812
6811
1108
6908
6812
1104
1017
6909
1013
1008
7004
1012
7013
1211
70007001
1100
1105
1104
1033
1009
1106
1008
6921
1012
1105
6904
6913
1016
6904
7013
7009
1101
7008
6900
7117
7005
6905
1041
1100
1100
6816
7004
7012
7008
1036
1012
7009
7012
7000
6917
7001
1016
1101 1013
1009
7121
7005
6905
6909
712
1005
816
6913
7028
1100
1105
6917
1116
7021
7004
1124
6916
6921
6912
1112
7113
1116
6920
7012
1113
7109
7033
1117
7017
1120
7025
7005
7009
7029
1112
7021
7001
1104
7101
1108
7105
7013
7020
11041108
7016
7024
7000
7008
1109
6908
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
6904
1100
1014
6812
1100
1205
6900
7086808
6886
68086809 6808
900
7016
/
Case VC15-009
1100 Rhett Drive
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a
n
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H
i
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Subject Property
Legend
Properties within 200 feet
Subject Property
Parcels
City Limit
City of
Keller
Public Notification Map
Ow
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GUTHRIE CT
WI
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L
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0
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GRAPHIC SCALE AS SHOWN
0 10 20
Alternative Fence Options
Page 1 of 4
Alternative Fence Options
Page 2 of 4
Alternative Fence Options
Page 3 of 4
Alternative Fence Options
Page 4 of 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 2d Agenda Date 09/08/2015 Number
Type Public Hearing Agenda Items
Department Zoning Board of Adjustment
Title
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 30, Block A, of the Somerset Manor Addition, located at
1105 Guthrie Drive, Case VC15-010
Explanation
The applicant, Ashley Williams with Kimley-Horn and Associates, Inc., is requesting a
variance to the requirements for fences in the Land Development Code, located at
1105 Guthrie Court (Lot 30, Block A of the Somerset Manor Addition). The proposed
fence variance is one of three fence variances being considered concurrently for the
same subdivision.
Existing Conditions and Zoning. The subject property is zoned “PUDR” – Planned
Unit Development Residential District (Ordinance No. O-08-1672) and has an existing
single family home within the Somerset Manor Addition. It is surrounded by the same
PUDR zoning on all sides, and all surrounding properties are developed with single
family residential homes (future construction, under construction, or completed).
Proposed Development. The applicant is proposing to install a fence on the subject
property to enclose the residential yard. The applicant is requesting a variance
because the proposed location of the fence does not meet the requirements of the
Land Development Code.
Land Development Code. Section 3.26 E(2) states:
“E. Fence and Free Standing Wall Setback Requirements
…
2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences
and walls within a required side yard adjacent to a street right of way shall meet
the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than
thirty inches (30”) in height or greater than 25 percent opaque construction)
within a required street side yard shall be subject to whichever of the following
provisions a) through d) shall yield the greatest setback:
a. If the subject lot has a street side yard which faces a dwelling front or lot
Zoning Board of Adjustment Agenda Briefing 2d
City of Colleyville Page 2
front across the side street, the side yard privacy fence or wall shall be
located not less than fifteen feet (15’) from the property line, except on any
lot having either a required side yard less than fifteen (15’) feet or an existing
primary structure setback less than fifteen (15’) feet, then the fence or wall
may be constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard
privacy fence or wall shall be located not less than fifteen feet (15’) from the
side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard
privacy fence or wall shall be located not closer to the side property line than
the required front setback of the adjoining lot; or…”
The existing home fronts on Guthrie Court, and the subject lot backs to the rear of
another residential lot to the south (so it falls under letter “b” above). This
requirement’s interpretation is illustrated by the attached exhibit (“LDC Requirement
Illustration”) created by staff for reference. The proposed fence is eight feet tall and
cedar board-on-board material.
Requested Variance. The applicant is requesting to install a fence along the west,
south, and east sides of the subject property. The portion of the fence that is along
the eastern side of the subject property, adjacent to Benjamin Way, is required to be
set back 15 feet from the western property line where the fence is not within the rear
yard. Instead of the required 15-foot setback, the applicant is proposing to provide
the fence three feet from the eastern property line (see attached Site Plan exhibit).
There is no retaining wall on the eastern side of the lot contributing to the variance
request.
Public Notification. Staff mailed notices to three property owners within 200 feet of
the site, in addition to courtesy notices to the applicant, Keller ISD, and City of Keller,
and no responses have been received as of the time of this writing.
Summary. No hardship as defined by the Land Development Code has been
demonstrated by the applicant, and no unique site characteristics have been
described. As such, staff recommends denial of the proposed fence variance.
Recommendation
Denial
Attachments
1.Location and Zoning Map
2.Aerial Map
3.Public Notification Map
4.Public Notification List
Zoning Board of Adjustment Agenda Briefing 2d
City of Colleyville Page 3
5.Application (2 Pages)
6.Site Plan by Applicant
7.Plat Exhibit by Applicant
8.Photo Exhibit by Applicant (4 Pages)
9.LDC Requirement Illustration
BE
N
J
A
M
I
N
W
A
Y
R
D
AV
E
R
Y
D
R
CRESTLYN CV
GUTHRIE CT
RHETT DR6901
1109
1108
7001
1105
7013
7004
7012
7008 7009
7000
7117 1104
7005
1101
1100
1104
7028
1100
1105
7021
7004
7113
7012
7109
7033
7017
7025
7005
7009
7029
7021
7101
7105
7013
7020
7016
7024
7008
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
1100
7121
6908
11001116
6900
11131117
1112 11041108
1109
1124 11121116 11081104
PUD-R
PUD-R
PUD-R/
Location and Zoning Map
BE
N
J
A
M
I
N
W
A
Y
R
D
AV
E
R
Y
D
R
CRESTLYN CV
GUTHRIE CT
RHETT DR6901
1109
1108
7001
1105
7013
7004
7012
7008 7009
7000
7117 1104
7005
1101
1100
1104
7028
1100
1105
7021
7004
7113
7012
7109
7033
7017
7025
7005
7009
7029
7021
7101
7105
7013
7020
7016
7024
7008
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
1100
7121
6908
11001116
6900
11131117
1112 11041108
1109
1124 11121116 11081104
/
Aerial Map
BE
N
J
A
M
I
N
W
A
Y
R
D
MURPHY RD
BACH
REMBRANDT
RE
N
O
I
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AV
E
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Y
D
R
BRAHMS
CRESTLYN CV
GUTHRIE CT
PR
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C
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CU
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B
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RHETT DR M
O
N
E
T
MO
N
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T
B
R
A
H
M
S
6901 1010
8600
900
1212
1109
1108
6908
1104
1008
7004
1012
7013
6909
70007001
1100
1105
1104
1033
1009
1106
1008
6921
1012
11056904
6913
1016
6904
7013
7009
1101
7008
6900
7117
7005
1041
1100
1100
6816
7004
7012
7008
1036
1012
7009
7012
7000
6917
7001
1016
1101 1013
6812
6905
7121
6811
7005
6812
6905
1017
6909
1013
6913
1211
7028
6917
7021
7004
6916
6921
6912
7113
6920
7012
7109
7033
7017
7025
7005
7009
7029
7021
7001
7101
7105
7013
7020
7016
7024
7000
7008
6908
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
6904
1005
1010
1100
6900
1014
1100
1105
1116
1124 11121116
11131117
1120
1112
1104
1108
11041108
1109
6812
1100 69006886
1205
900
/
Case VC15-010
1105 Guthrie Court
Ci
t
y
o
f
N.
R
i
c
h
l
a
n
d
H
i
l
l
s
Subject Property
Legend
Properties within 200 feet
Subject Property
Parcels
City Limit
City of
Keller
Public Notification Map
Ow
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Na
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Ow
n
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Ad
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St
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Ow
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Zi
p
S
i
t
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s
Address
LE
N
N
A
R
HO
M
E
S
TE
X
A
S
LA
N
D
& CO
N
S
1
7
0
7
MA
R
K
E
T
PL
ST
E
28
0
I
R
V
I
N
G
T
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X
A
S
75
0
6
3
1
1
1
7
GUTHRIE CT
GU
T
H
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,
RO
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75
9
BA
N
D
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TR
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L
L
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A
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76
2
4
8
1
1
1
2
GUTHRIE CT
TO
L
L
DA
L
L
A
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TX
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C
25
0
GI
B
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A
L
T
A
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RD
HO
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PE
N
N
S
Y
L
V
A
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1
9
0
4
4
7
0
0
8
BACH RD
KE
L
L
E
R
IS
D
35
0
KE
L
L
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R
PA
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K
W
A
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L
L
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7
6
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4
8
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L
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7
6
2
4
4
C
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E
S
Y
NOTICE
AS
H
L
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WI
L
L
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57
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GE
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I
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CO
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20
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F
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Ta
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NO
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GRAPHIC SCALE AS SHOWN
0 10 20
Alternative Fence Options
Page 1 of 4
Alternative Fence Options
Page 2 of 4
Alternative Fence Options
Page 3 of 4
Alternative Fence Options
Page 4 of 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 2e Agenda Date 09/08/2015 Number
Type Public Hearing Agenda Items
Department Zoning Board of Adjustment
Title
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 14, Block B, of the Somerset Manor Addition, located at
7021 Avery Lane, Case VC15-011
Explanation
The applicant, Ashley Williams with Kimley-Horn and Associates, Inc., is requesting a
variance to the requirements for fences in the Land Development Code, located at
7021 Avery Lane (Lot 14, Block B of the Somerset Manor Addition). The proposed
fence variance is one of three fence variances being considered concurrently for the
same subdivision.
Existing Conditions and Zoning. The subject property is zoned “PUDR” – Planned
Unit Development Residential District (Ordinance No. O-08-1672) and has an existing
single family home under construction within the Somerset Manor Addition. It is
surrounded by the same PUDR zoning on all sides, and all surrounding properties are
developed with single family residential homes (future construction, under
construction, or completed).
Proposed Development. The applicant is proposing to install a fence on the subject
property to enclose the residential yard. The applicant is requesting a variance
because the proposed location of the fence does not meet the requirements of the
Land Development Code.
Land Development Code. Section 3.26 E(2) states:
“E. Fence and Free Standing Wall Setback Requirements
…
2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences
and walls within a required side yard adjacent to a street right of way shall meet
the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than
thirty inches (30”) in height or greater than 25 percent opaque construction)
within a required street side yard shall be subject to whichever of the following
provisions a) through d) shall yield the greatest setback:
Zoning Board of Adjustment Agenda Briefing 2e
City of Colleyville Page 2
a. If the subject lot has a street side yard which faces a dwelling front or lot
front across the side street, the side yard privacy fence or wall shall be
located not less than fifteen feet (15’) from the property line, except on any
lot having either a required side yard less than fifteen (15’) feet or an existing
primary structure setback less than fifteen (15’) feet, then the fence or wall
may be constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard
privacy fence or wall shall be located not less than fifteen feet (15’) from the
side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard
privacy fence or wall shall be located not closer to the side property line than
the required front setback of the adjoining lot; or…”
The existing home fronts on Avery Lane, and the subject lot backs to the rear of
another residential lot to the south (so it falls under letter “b” above). This
requirement’s interpretation is illustrated by the attached exhibit (“LDC Requirement
Illustration”) created by staff for reference. The proposed fence is eight feet tall and
cedar board-on-board material. The fence is proposed to be installed on top of a four-
foot retaining wall along Rhett Drive that is all or partially below grade, but the
applicant has not stated how that is a hardship necessitating the proposed variance.
Requested Variance. The applicant is requesting to install a fence along the west,
south, and east sides of the subject property. The portion of the fence that is along
the eastern side of the subject property, adjacent to Benjamin Way, is required to be
set back 15 feet from the western property line where the fence is not within the rear
yard. Instead of the required 15-foot setback, the applicant is proposing to provide
the fence three feet from the eastern property line (see attached Site Plan exhibit).
Public Notification. Staff mailed notices to three property owners within 200 feet of
the site, in addition to courtesy notices to the applicant, Keller ISD, and City of Keller,
and no responses have been received as of the time of this writing.
Summary. No hardship as defined by the Land Development Code has been
demonstrated by the applicant, and no unique site characteristics have been
described. As such, staff recommends denial of the proposed fence variance.
Recommendation
Denial
Attachments
1.Location and Zoning Map
2.Aerial Map
3.Public Notification Map
Zoning Board of Adjustment Agenda Briefing 2e
City of Colleyville Page 3
4.Public Notification List
5.Application (2 Pages)
6.Site Plan by Applicant
7.Plat Exhibit by Applicant
8.Photo Exhibit by Applicant (4 Pages)
9.LDC Requirement Illustration
BE
N
J
A
M
I
N
W
A
Y
R
D
AV
E
R
Y
D
R
CRESTLYN CV
GUTHRIE CT
RHETT DR6901
1109
1108
7001
1105
7013
7004
7012
7008 7009
7000
7117 1104
7005
1101
1100
1104
7028
1100
1105
7021
7004
7113
7012
7109
7033
7017
7025
7005
7009
7029
7021
7101
7105
7013
7020
7016
7024
7008
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
1100
7121
6908
11001116
6900
11131117
1112 11041108
1109
1124 11121116 11081104
PUD-R
PUD-R
PUD-R/
Location and Zoning Map
BE
N
J
A
M
I
N
W
A
Y
R
D
AV
E
R
Y
D
R
CRESTLYN CV
GUTHRIE CT
RHETT DR6901
1109
1108
7001
1105
7013
7004
7012
7008 7009
7000
7117 1104
7005
1101
1100
1104
7028
1100
1105
7021
7004
7113
7012
7109
7033
7017
7025
7005
7009
7029
7021
7101
7105
7013
7020
7016
7024
7008
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
1100
7121
6908
11001116
6900
11131117
1112 11041108
1109
1124 11121116 11081104
/
Aerial Map
BE
N
J
A
M
I
N
W
A
Y
R
D
MURPHY RD
BACH
REMBRANDT
RE
N
O
I
R
AV
E
R
Y
D
R
BRAHMS
CRESTLYN CV
GUTHRIE CT
PR
E
C
I
N
C
T
L
I
N
E
R
D
CU
R
T
I
S
R
D
HE
R
B
E
R
T
R
D
RHETT DR M
O
N
E
T
MO
N
E
T
B
R
A
H
M
S
6901 1010
900
8600
1212
1109
68126811
1108
6908
6812
1104
1017 1013 712
6909
1008
7004
1012
7013
1211
70007001
1100
1105
1104
1033
1009
1106
1008
6921
1012
6805
1105
8508
6904
6913
1016
6808
6904
7013
7009
1101
7008
6900
6808
7117
7005
6905
1041
1100
1100
6816
7004
7012
7008
1036
1012
6809
7009
7012
7000
6917
7001
1016
1101 1013
1009
7121
7005
6905
6909
6808
6913
7028
6917
7021
1005
7004
6916
6921
6912
7113
6920
7012
7109
7033
7017
7025
7005
7009
7029
7021
7001
7101
7105
7013
7020
7016
7024
7000
7008
6908
7012
7000
7004
7017
7009
7005
7020
7016
7001
7008
7013
6904
1100
6900
1014
1100
1105
1116
1124 11121116
11131117
1120
1112
1104
1108
11041108
1109
6812
1100
1205
69006886
816
900
/
Case VC15-011
7021 Avery Drive
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Subject Property
Legend
Properties within 200 feet
Subject Property
Parcels
City Limit
City of
Keller
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LE
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7
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AVERY LN
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BENJAMIN WAY
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DA
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3
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1
6
BENJAMIN WAY
KE
L
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IS
D
35
0
KE
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57
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GRAPHIC SCALE AS SHOWN
0 10 20
NORTH
Alternative Fence Options
Page 1 of 4
Alternative Fence Options
Page 2 of 4
Alternative Fence Options
Page 3 of 4
Alternative Fence Options
Page 4 of 4