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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-3/14/2006 (2) city Of ~ Texas AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Tuesday, March 14,2006 REGULAR MEETING 7:15 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 January 10, 2006 AGENDA ITEMS 1. Case A-06-001 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot B3, of the Sand Oak Acres Addition located at 4809 E. Jim Mitchell Trail 2. Case A-06-002 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot 14, Block 1 of the Castleton Manor Addition located at 6904 King Charles Court 3. Case A-06-003 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the side yard setback on Lot 7, Block 1 of the Villas Del Mar Addition located at 301 Del Mar Court 4. Case A-06-005 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front building line setback on Lots 1 and 2, Block 1 of the Medlin Addition located at 7401, 7401 A and 7409 Pleasant Run Road REPORTS AND COMMENTS ADJOURNMENT Amy Shelley, Planning & Zoning Assistant Posted: Thursday, March 9, 2006 by 4:30 p.rn. ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - JANUARY 10, 2006 REGULAR MEETING: Chairman McNosky called the regularly sch uled meeting to order at 7:00 p.m. ROLL CALL Present: Lisa Kenney, Skip Munson Ed Moore Uton Dellosso Chris Fulle s, Dee McNosky, Rich x (All. 1.) Absent: Staff: APPROVAL OF MINUTES Ed Moore made motion to approve the Novem Kenney seconded. Approved by acclamation. itten. Lisa AGENDA ITEMS 1. Case A-05-011 - Request b Colleyville Land Development C Lot 28, Block A, of the Whittier He Staff member, Chris Fu d the c Chairman McNosky . Mr. Moore came fo , e from the regulations of the building line setbacks on 2 Eventide Way . oard members. asked the applicant to come forward to speak. questions raised during the public hearing. osky closed the public hearing at 7:10p.m. arding why ot has a 35 foot setback? Chris Fuller replied . ating why this lot has a 35 foot set back. It was placed when g a ot set back because of the curve in the lot hindering the . A straight line would have been drawn if the set back was at the Larry Knox que re if by moving the house up to the 25 foot building line, how much would it encroach, t side yard set back? Mr. Moore replied there being a 10 foot side yard set back and tn . se will not encroach upon it. Rich Munson stated according to the Land Development Code there is a 10 foot side yard set back. Ed Moore questioned for clarity Mr. Moore regarding if the side yard would be encroached upon? Mr. Moore replied it would not. Rich Munson questioned Mr. Moore regarding ifthe driveway width would be affected? Mr. Moore replied the driveway will not be affected. Zoning Board of Adjustment Minutes - January 10, 2006 Page 1 of 2 Lisa Kenney made motion to approve case A-05-011 with there not being any encroachments by the residential structure with the side yard set backs on both sides, as set forth by the code. Ed Moore seconded. The motion was approved, the vote being: Ayes: Kenney, Reynolds, McNosky, Munson, Moore Nay: None REPORTS AND COMMENTS Chris Fuller updated the staff regarding the tabled case from t removed per the applicant. Board of Adjustment meeting is ADJOURNMENT Skip Reynolds made motion to adjourn and Rich M the meeting adjourned at approximately 7:11 p. Amy Shelley Planning & Zoning Assistant Approved on: -------------------- Note: As a matter of public record, an a available upon request. Zoning Board of Adjustment Minutes - January 10, 2006 Page 2 of 2 .~ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Texas Meeting Date: I March 14,2006 I Prepared by: I Chris Fuller Develooment Coordinator i A-06-001 - Request for a variance from the regulations of the Subject: I Colleyville Land Development Code regarding the rear yard setback I on Lot B3, of the Sand Oak Acres Addition located at 4809 E. Jim i Mitchell Trail i SUMMARY & COMMENT Tobin Hedden is the applicant for a variance request regarding a lot located at 4809 E. Jim Mitchell Trail in the Sand Oak Acres Addition. The applicant has applied for a variance because the proposed addition to the home will encroach beyond the twenty-five (25) foot rear yard setback line established by the R20 (Single Family Residential) zoning district regulations. The applicant is proposing to construct a one-car garage that will serve as an extension of the existing two-car garage. The proposed addition to the home will encroach ten (10) feet beyond the twenty-five (25) foot building set back line, which leaves fifteen (15) feet remaining between the proposed addition and the rear property line. The addition is proposed to be one story. The property is zoned R20 (Single Family Residential). The set back regulations for this zoning district are established by the Land Development Code: Front Yard: 30 ft. Side Yard: 10 ft. Rear Yard: 25 ft. Staff mailed notices to the eighteen (18) owners of property situated within 200 feet of the applicant's property. At this time, staff has received no written responses regarding 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 request to extend beyond a building set back line when the Board determines that the neighboring properties are not substantially or permanently injured. The following is an excerpt ofthe applicable language form the Land Development Code: "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 Agenda Item No.1 - Page 1 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 not exist for this property. However, information that may become available at the public hearing would have a significant impact on the staff evaluation, which could alter the staff recommendation. RECOMMENDATION Denial due to technical non-compliance with the Land Development Code. ATTACHMENTS . Location Map · List of Property Owners Notified · Information and Drawings from Applicant . Application · Waiver for Representation by Third Party Agenda Item No.1 - Page 2 Location Map Agenda Item No.1 - Page 3 Wyche, Keith Etux Carla 4900 Meandering Way Colleyville, TX 76034 Burke, Randall J Etux Carolyn 4905 Jim Mitchell Trail E Colleyville, TX 76034 Fuller, Brian R Etux Brenda F 4800 Jim Mitchell Colleyville, TX 76034 Hubbard, Keith G Etux Doreen 4808 Jim Mitchell Trail E Colleyville, TX 76034 Pellegrino, James Etux Nancy L 4905 Jim Mitchell Trail W Colleyville, TX 76034 Ramirez, Pedro Etux Maria 2503 Valley Ridge Ct. Colleyville, TX 76034 A-06-001 List of Property Owners Notified Anderson, Bradley Etux Caryn M 4809 W Jim Mitchell Trail Colleyville, TX 76034 Ayers, Jonathan P Etux Deanne 4808 Meandering Way Colleyville, TX 76034 Byrd, Brandon T Etux Terrye 4904 Jim Mitchell Trail E Colleyville, TX 76034 Byrnes, Joseph A 4912 Jim Mitchell Trail E Colleyville, TX 76034 Gray, Thomas E Etux Lois V 4904 Meandering Way Colleyville, TX 76034 Hedden, Tobin Etux Barbara G 4809 E Jim Mitchell Trail Colleyville, TX 76034 Lafarge, Joseph Etux Kelly L 4801 Jim Mitchell Trail E Colleyville, TX 76034 Moyers, Rox M PO Box 1661 Colleyville, TX 76034 Petrie, James W Etux Roberta 2500 Valley Ridge Ct. Colleyville, TX 76034 Pritchett, Larry W Etux Pam 4913 Jim Mitchell Trail E Colleyville, TX 76034 Sharp, Roy S Etux Pensri L 4805 Jim Mitchell Trail E Colleyville, TX 76034 Wolfe, Don F Etux Kay 4804 Jim Mitchell Colleyville, TX 76034 Agenda Item No.1 - Page 4 -r llt I -i.. Information and Drawings from Applicant ~I Vi?L5I1>N ~-1IElN~1 mill EJJS-;",,}h "'I/SIt -., tL Agenda Item No.1 - Page 5 . Agenda Item No.1 - Page 6 Application ~:".~~~,W'> ~,'",11 -- ,,-'VIIi .. "Nlf! '..':MIl~~'~'_~tlO! t,! ~~'~ a. --_.........-....._.IIII~____ .:!!Is ~!,<I>\ .~j'-L.. ...~~~ ~~~..,.~(...-!:_~~~!t:Ort... ~~,T' ..~l~._._~ .1 '...,~-+';:;~~~ ~__l!,.:.\.I!M,l"'~" ~,~..-'illl;L)ilt..'tf::t l:U,iJ,t:.,:w i~Ln rrJ:ia;(i/lilt.'~:"':_M"'.ft.W:t'~...~~""~",, .. "tt,-.,_ttl.")W~MlhO\lt_~ !Ia Agenda Item No.1 - Page 7 Waiver for Representation by Third Party D1JNLAp~ 1MIGLBIMIW.DBIVS ........III.~'IX .111 ..'....,111 GPncB IINM4l8PAX ~"'11 To Mr. a.a,... "',ql_lId'III~"'NllJl".ftaI... ........--.. .1'1*,.... II _..... .,....... ..., farMr. .....o....lIp... ......... .. ... ...1........ ---"Id___tIlIlltl,. .,. ....... Vie ....... ..... ",",t_::]&. Agenda Item No.1 - Page 8 .~ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Texas Meeting Date: I March 14,2006 I Prepared by: I Chris Fuller I Development Coordinator I I A-06-Q02 Public Hearing - Request for a variance from the Subject: I regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot 14, Block 1, Castleton Manor Addition located at 6904 King Charles Court SUMMARY & COMMENT Swift Lindley is the applicant for a variance request regarding a lot located at 6904 King Charles Court in the Castleton Manor addition. The applicant has applied for a variance to encroach into the rear yard setback in order to preserve two (2) existing trees on the front portion of the property. The subject property is located on a cul-de-sac and has a thirty (30) foot front yard building line along King Charles Court. The owner is proposing to construct a single family detached dwelling unit. The applicant is requesting a fifteen (15) foot encroachment into the rear yard setback in order to preserve two (2) existing trees on the front portion of the property. If the variance is approved, there will be ten (10) feet between the proposed structure and the rear property line. The property is zoned R20 (Single Family Residential). The set back regulations for this zoning district are established by the Land Development Code: Front Yard: 30 ft. Side Yard: 10 ft. Rear Yard: 25 ft. Staff mailed notices to the three (3) owners of property situated within 200 feet of the applicant's property. At this time, staff has received no written responses regarding 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 request to extend beyond a building set back line when the Board determines that the neighboring properties are not substantially or permanently injured. The following is an excerpt ofthe applicable language form the Land Development Code: "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: Agenda Item No.2 - Page 1 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 the preservation of existing trees does surpass the special circumstances threshold. However, information that may become available at the public hearing would have a significant impact on the staff evaluation, which could alter the staff recommendation. RECOMMENDATION Approval ATTACHMENTS . Location Map . List of Property Owners Notified . Information and Drawings from Applicant . Application Agenda Item No.2 - Page 2 Location Map Agenda Item No.2 - Page 3 Property Owners Notified Quinn, Thomas F Jr. 6817 Pleasant Run Rd. Colleyville, TX 76034 Adair & Brown LP 901 John McCain Rd. Colleyville, TX 76034 Fegan, John PO Box 1604 Hurst, TX 76053 A-06-002 Agenda Item No.2 - Page 4 Information and Drawings from Applicant Agenda Item No.2 - Page 5 Agenda Item No.2 - Page 6 Application ~-,.."- ~ Q~ Oitmmlt T~No. Zip Code f~ No. ZONING~Of~ - PAGEl .... _wtrlltfoloWlnt~.. __....ly. poRlblo. Faibeto outInG fully _ ~n by 1IMWMiB9 tbHe qUMtlons <<ndd cause Uflf'fHHUl1"" In ey~ng your appeal. Add$tkmM Pas- may be duMd if ltOC~. .. ~9<<riOO "'YJ.Dim~you ~~. 2.00.~~.e_m.the...? ~ <<""">"'_"~_"""",,~''';_'_'''''''''''_'-'''''''''''''''':''''''__'''"'''"-,,,,:'^-.-m^"''''w....,'_~._._.~;..'*''''',..;__,..~,;...,^:>'''~..,:,<'''''..._-.c+'._.,v.~_;;.;,..~""<.,,"'c=--_ l. .~~tM.~ ~_or~am::soom>>tr"'&omyour~. 4. ts ~ any wt1fJt<t oowMtyou want dlmJl DU ~ual? Agenda Item No.2 - Page 7 .~ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Texas Meeting Date: March 14, 2006 I Prepared by: I Chris Fuller Development Coordinator ! A-06-003 Public Hearing - Request for a variance from the Subject: I regulations of the Colleyville Land Development Code regarding the side yard setback on Lot 7, Block 1 of the Villas Del Mar Addition I located at 301 Del Mar Court SUMMARY & COMMENT Gene Faulkner is the applicant for a variance request regarding a lot located at 301 Del Mar Court. The applicant has applied for a variance to encroach into the side yard setback in order to construct a deck along the side of an existing home. The subject property is adjacent to an open space lot at the end of the cul-de-sac. The applicant is requesting a variance to build a covered deck along the entire west side of the home in order to screen the ''west sun effects." The property has a six (6) foot side yard setback. A variance is required because the proposed deck will encroach six (6) feet into the side yard setback, which will abut the property line, effectively eliminating the side yard setback for this property. The proposed deck would consist of a cedar and block low retaining wall, cedar and stamped concrete deck, cedar arbor and open steel fence. It is essentially an open deck, with an arbor roof to mitigate the sun, enclosed by a wrought iron fence. The property is zoned PUD-R (Planned Unit Development - Residential). The set back regulations for this zoning district are established by Ordinance 03-1422. Ordinance 03- 1422 states: $. Residential lot requirements 9fld setbacks shall comply with the following provlslonl: Front Building Line 25 feet Side Building Line 5 feet Rear Building Line 10 feet Staff mailed notices to the seventeen (17) owners of property situated within 200 feet of the applicant's property. At this time, staff has received no written responses regarding 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 request to extend beyond a building set back line when the Board determines that the neighboring properties are not substantially or permanently injured. The following is an excerpt ofthe applicable language form the Land Development Code: Agenda Item No.3 - 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 no special circumstances exist for this property. However, information that may become available at the public hearing would have a significant impact on the staff evaluation, which could alter the staff recommendation. RECOMMENDATION Denial due to technical non-compliance with the Land Development Code. ATTACHMENTS . Location Map . List of Property Owners Notified . Information and Drawings from Applicant . Application Agenda Item No.3 - Page 2 Location Map Agenda Item No.3 - Page 3 Property Owners Notified Tabone, Frank G Etux Diane W 309 Bridlewood S. Colleyville, TX 76034 Bazaldua, Carlos Etux Susan 0 305 Bridlewood S. Colleyville, TX 76034 Bean, Roy Etux Georgia 4004 Steeplechase Dr. Colleyville, TX 76034 Beaver, James A Etux Cathleen 3916 Oakbriar Ln. Colleyville, TX 76034 Behnam, Soroush Etux M Habibi 307 Del Mar Ct. Colleyville, TX 76034 Caunitz, Thomas J Etux Christy 4006 Steeplechase Dr. Colleyville, TX 76034 Chase, Charles Etux Marilyn 313 Cheek Sparger Rd. Colleyville, TX 76034 Coni's Boardwalk Homes LP PO Box 210785 Bedford, TX 76095 Gilbey, jack G Jr 305 Del Mar Ct. Colleyville, TX 76034 Hines, Janet R. 401 Bridlewood S Colleyville, TX 76034 Ingram, Bruce A & Jo Ann 401 Cheek Sparger Rd. Colleyville, TX 76034 Lewis,Mark C & Christina M 405 Cheek Sparger Rd. Colleyville, TX 76034 Lingard, C A Etvir Scott T 301 Bridlewood S Colleyville, TX 76034 Lucas, John H Etux Tama D. 4008 Stepplechase Dr. Colleyville, TX 76034 Lundgren, Steven R 4002 Stepplechase Dr. Colleyville, TX 76034 Nicely, Thomas J Etux Marha 0 300 Del Mar Ct. Colleyville, TX 76034 Peters, Robert E Etux Marie A 4000 Steeplechase Dr. Colleyville, TX 76034 A-06-003 Agenda Item No.3 - Page 4 Information and Drawings from Applicant Agenda Item No.3 - Page 5 ~.~~~ ~ tl1 (~~ ~e"1l ~ '4tt.....r ~t~ tj,. /:;;;." j,.~, I ,).:1 I ! i ; 1 "-4 ()~._..f~J Cr.pf!. "''''''-{S) --.L""tj./:1ttttr .tv,.J UP<<..~t. . Agenda Item No.3 - Page 6 RIGHT SIDE ELEV A liON .. ~. : Agenda Item No.3 - Page 7 0rdir1a.tlce 0..03-1422, page 1: of 4, Article 3, establishes a (5) Side Building Litle of 5 feet. Lot 1.bordeB on Lot 11 wmch is ~ed as Private Open Space Re$erveupon which no homes 'Will be constructed . border~ ttl be 'on Wwbloclc wall these options: vvi1l provide a ~ or atttaetive adjacent homes. My }HJenl!doption is ~ wall. c<<iar SId ~oonc.rete deck.~ arbor and opeD steel fence. To area,. I have and planted 8 crepe :myrtle trees and a Jive oak The DtNeIopet's approval The porch area of \W4t thtlliefore both tM donated trees and the planned dedt and arbor will mitigate the "\wst sun" ~. Agenda Item No.3 - Page 8 Wim:IaI~. 1m. DBA 01..16~ p~ Gene f~ 301 DllMar Ct CoI8yvIk\ TX 7eoa4 Re; &81._ for c.w AIbor. appx. 56ft in IengIh It 6ft. in _.. Deck ~to be t&amped conoreIe \\fib the remaining area of.appx. 86ft in IengIh a 1ft. in wkIh to be eedlr wood deck. This indUdel IPPX- 141. In length at .. rear ofb homa PricIng WI_ IndudI appx 10 In.ft. x _of cedarfendng on .... ... of the home. Ealmate indua. all tabar. ........ Ibin natment of CIdIr wood. m ... TotaI.~. COlt. to.be MfoIowa. Built Buy OWner a31 ~NatDr. I~ Tx. 16OJ1 AJbot w/4. cedar pam Block retaining walenb length Stamped concrete deck proper 21'x1~' GuIer. drain drop& Cedar deck balance of are, ~ll'lll 32bdS'" arbor area 6181.00 3800.00 2616.00 150.00 3980.00 1760.00 2190.00 ...._00 $19.930.00 Cedar fence e_ aide 1 Steel feooe panel wat side tobd OpIooaI..vittgI; Retaining wall.. only at.dIQk proper 1.900.00 No .otMrfoolnpl Treated decklUJface material 614 250.00 OptioneI_mpea coralie en1ry12fI14'1 ,415.00 ~ -. -~--'- You m~y authoria us to do the .wod< ~fied win your efgnature bIIow. Ca&h down payment Of 20% Will be made to begin. Owner wil beinvoic&dweeldy .eadl. Friday al workPfOl~. A~.by OWner GeneFaulknet ~ Date Agenda Item No.3 - Page 9 Agenda Item No.3 - Page 10 Application I.Do-.....~...mh~.~ 3. ~_hmique~cr~doMJtMlufttom~~ Agenda Item No.3 - Page 11 CUy or c@n~ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Texas Meeting Date: I March 14,2006 I Prepared by: I Chris Fuller ! Development Coordinator A-06-005 PUBLIC HEARING - Request for a variance from the Subject: regulations of the Colleyville Land Development Code regarding the I front building line setback on Lots 1 and 2, Block 1 of the Medlin i Addition located at 7401, 7401A and 7409 Pleasant Run Road SUMMARY & COMMENT Kent Whitmore is the applicant for a variance request regarding front building line setback regulations located at 7401 through 7409 Pleasant Run Road. The applicant has submitted an application for a variance to allow him to construct a fence that exceeds the 30-inch maximum height for a fence located in the front yard setback along the frontage of Pleasant Run Road. The proposed fence location is approximately sixteen (16) feet beyond the front building line setback, which leaves twenty-four (24) feet remaining between the proposed fence and the property line. The proposed split rail pasture fence will have a height of fifty-eight (58) inches with columns spaced eight (8) feet apart, similar to the existing fence along Pleasant Run Road. The proposed fence will connect to the existing split rail pasture fence by an existing gate and continue to the northern boundary of the applicant's property. The applicant has indicated the proposed fence will be aesthetically similar to the existing fence and will continue along the same setback line to the end of the property's Pleasant Run Road frontage. The property is zoned AG (Agricultural). The set back regulations for this zoning district are established by the Land Development Code: Front Yard: 40 ft. Side Yard: 25 ft. Rear Yard: 40 ft. Staff mailed notices to the twenty-one (21) owners of property situated within 200 feet of the applicant's property. At this time, staff has received no written responses regarding 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 request to extend beyond a building set back line 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.4 - 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 The applicant is proposing a fence that is similar in height and design to the existing fence along Pleasant Run Road. RECOMMENDATION Approval of the request as submitted. Staff has no objection to the approval of the variance for the split rail pasture fence to be constructed at the proposed height. However, information that may become available at the public hearing would have a significant impact on the staff evaluation, which could alter the staff recommendation. ATTACHMENTS . Location Map . List of Property Owners Notified . Information and Drawings from Applicant . Application . Letter from Applicant ~genda Item No.4 - Page 2 Location Map +-- Proposed Fence SITE Agenda Item No.4 - Page 3 Williamsburg Est. HOA Inc. 3901 Airport Fwy. Ste. 200 Bedford, TX 76021 Gates, Terry Etux Susan 7309 Jo Will Colleyville, TX 76034 Hazen, Richard W & Shannon C H 7212 Waldon Ct. Colleyville, TX 76034 Holzbach, Richard G Etux Cynthia 1305 Bellefonte Lane Colleyville, TX 76034 Morris, Wilfred Etux BEst. 7201 Pleasant Run Road Colleyville, TX 76034 Royall, David Etux Ramona 7305 Jo Will Colleyville, TX 76034 Trinity Chris Center Inc. 2442 Michelle Dr. Tustin, CA 92780 A-06-005 List of Property Owners Notified Brooks, Marvin Etux Michelle 7400 Jo Will St. Colleyville, TX 76034 Christensen, John Etux Shirley 7213 Waldon Ct. Colleyville, TX 76034 Harrison, Cynthia 800 John McCain Rd. Colleyville, TX 76034 Harvison, Michael G 3500 Palo Duro Ct. Hurst, TX 76054 Hedges, Daniel L Etux Jacqulen 7312 Jo Will St. Colleyville, TX 76034 Hershon, Desiree A 7300 Jo Will Colleyville, TX 76034 Howard, Lesli 7313 Jo Will Colleyville, TX 76034 Hubbard, Vicki 7304 Jo Will St. Colleyville, TX 76034 Quenichet, John W. 7612 Pleasant Run Road Colleyville, TX 76034 Reedy, Thomas Henry 7308 Jo Will St. Colleyville, TX 76034 Taylor, Jason Etux Kelly 7209 Waldon Ct. Colleyville, TX 76034 Trenor, Gregg Etux Dana 120 Bent Trail Dr. Southlake, TX 76092 Trinity Chris Ctr Santa Ana 2442 Michelle Dr. Tustin, CA 92780 Valforte, Joseph Etux Shelly V 7404 Jo Will Colleyville, TX 76034 Agenda Item No.4 - Page 4 Information and Drawings from Applicant Agenda Item No.4 - Page 5 Agenda Item No.4 - Page 6 (View to the South) Agenda Item No.4 - Page 7 (Existing Fence) Agenda Item No.4 - Page 8 (Existing Fence) Agenda Item No.4 - Page 9 Agenda Item No.4 - Page 10 Agenda Item No.4 - Page 11 Application Agenda Item No.4 - Page 12 e Wednesday, February 15,2006 LETTE.R OF INTENT Community Development Department City of Colleyville 5400 BraIlsford Road CoUeyviUe, Texas 76034 (117) 503~l050 Office (817)503-l059 Fax Re:Prnposed new split rail pasture fence at frontage of property along the east side of Pleasant Run Road, Colleyville, TX, Anew fence is being proposed to extend from the end of our existing fence on the east side of Pleasant Run Road. to the north property line. The new fence is desired by the owner to add continuity to the appea.rance of the property as viewed from :Pleasant Run Road and wUladd.additionalgrazing for our horses. We do not intend on adding additional horses to the property. Please see the includedpbotographs of tbe existing fence tbat is representative nftbe proposed new fence that will match as closely. as possible. The existing fencels 5'0" tall a:tndwe desire to build then.ew. one a.tthe samebeight. Furthermore, our request is that we would be allowed to build the feneecontinuons with the setback distance ofthe existing, which is 24'. In the event tbat tberoad may be widened in the future, the . owner rcquestspermissionto build tbe fence while assumlngthe risk that it could be required to be moved in the future at the owner's expense. Thistypenf fencing can easily be disassembled and m()ved. Page 1 of2 KDTX.TV 58- Trinity Broadcasting of Texas, Inc. 2823 W. Irving Boulevard - Irving, Texas 750614236 - (972) 313-1333 Thank you for your consideration of our Variance Application. Sincerely, ~p.ir.~~ TBN Special ProjeetsRepresentative 7408 Pleasant Run Road CoUeyville, TX.76034 (972).313-1333 Office (972) 790-5853 Fax Page 2 of 2