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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-5/9/2006 (2) city Of n~ Texas AGENDA ZONING BOARD OF AD~USTMENT City Hall Council Chambers - 100 Main Street Tuesday, May 9,2006 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 (Alt. 1) and Uton Dellosso (Alt. 2) PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 14, 2006 AGENDA ITEMS 1. Case A-06-006 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front building line setback on Lot 2, Block 1 of the Summerbrook Addition located at 2212 Glade Road REPORTS AND COMMENTS ADJOURNMENT Amy elley, Planning & Zoning Assistant Posted: Thursday, May 4, 2006 by 4:30 p.m. ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MARCH 14, 2006 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:21 p.m. urt, spo position to the variance request stating this t side of our living area. . regards to the questions raised during the public hearing. . st a little closer. peak, Chairman McNosky closed the public hearing at 7:32 p.m. Lisa Kenne ap regarding if this variance is denied, would you know where a stand alone ga uilt? Mr. Dunlap replied not knowing. Lisa Kenney questioned if there would be e on the opposite side yard? Mr. Dunlap replied there being enough room on the north s t on the south side rear yard property. Rich Munson questioned staff regarding the zoning for this property? Chris Fuller replied R20. Rich Munson questioned Mr. Dunlap regarding the size of the building to be constructed? Mr. Dunlap stated 11 feet by 21 feet, about 130 square feet. Rich Munson questioned Mr. Dunlap about placing it on the other side of the home? Mr. Dunlap replied not knowing if the applicant would want to do so. The applicant wants to be able to use the same driveway. Another driveway could be installed; it would be a bigger project for the applicant and he would have to decide. ROLL CALL Present: Lisa Kenney, Skip Munson and Ed M . Larry Knox (AI Chris Fulle Dee McNosky, Rich Absent: Staff: APPROVAL OF MINUTES Skip Reynolds made motion to approve the Jan Moore seconded. Approved by acclamation. ritten. Ed AGENDA ITEMS 1. Case A-06-001 - Request for a Development Code regarding th Addition located at 4809 E. Jim MI Staff member, Chris Ful d the c Chairman McNosky " Ronald Dunlap, 72 applicant in regards t Jim Petrie lIey additio d ri tions of the Colleyville Land .3, of the Sand Oak Acres asked the applicant to come forward to speak. . the contractor, came forward to speak for the ~. Zoning Board of Adjustment Minutes - March 14, 2006 Page 1of4 Ed Moore questioned Mr. Dunlap regarding if the any trees would have to be removed? Mr. Dunlap replied two small trees will have to be removed. Ed Moore made motion to deny case A-06-001. Skip Reynolds seconded. The motion was denied, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None 2. Case A-06-002 - Request for a variance from the regu Development Code regarding the rear yard setback 0 Manor Addition located at 6904 King Charles Cou : Staff member, Chris Fuller presented the case and br" the Board Chairman McNosky opened the public hearing and the applicant to c Tony Johann, 6819 Fallbrook Court, came fo speak in gards of the Tom Adair, 901 John McCain, spoke in opposition . equest and state he trees are not going to be able to be saved. He stated the ap s to build a large house and the only reason he needs the extra 15 fe . ecause of t of the house. Joan Quinn, 6817 Pleasant Run, spok ce request and stated the trees are not going to be able to be saved. Tony Johann came forward ts eak in reed during the public hearing and stated the applicant ve the home will not change. There being no one Chairm Nosky closed the public hearing at 7:50 p.m. Skip Reynolds qu . regardi he has any financial interest in this project? Mr. Johann replied, in thi elopment and own 12 lots as well. Skip Reynolds questioned his addition? Mr. Johann replied no. Skip Reynolds Mr. 'f the stru . right against the rear yard building line? Mr. Johan . Ski nolds stated the way it sits on the lot, it would appear the appl' ome of variance regarding the rear yard set backs. Mr. Johann reph ve t ense the design to make it fit. Skip Reynolds questioned Mr. Jo ents de before about the trees are not going to be able to be saved? applicant wanting to do everything in his efforts to save the trees for the integ Lisa Kenney qu Kenney stated the home on lot 12. Ed Moore questioned Mr. Johann if there are trees closer to the lake that will be removed? Mr. Dunlap replied not knowing at this time which trees will be removed, some will need to be removed because of their condition. Ed Moore stated this variance is not just to save the trees but also to be able to build this large house. Rich Munson concurred with Ed Moore and stated the variance request is more to be able to build the house not save the trees. of the Colleyville Land lock 1 of the Castleton nlap if he or the applicant own lot 12? Mr. Johann replied no. Lisa lot 12 will be impacted, therefore having a structure so close to the Zoning Board of Adjustment Minutes - March 14, 2006 Page 2 of 4 Dee McNosky concurred with Board members Rich Munson and Ed Moore. Ed Moore questioned staff regarding if the city has a tree ordinance? Chris Fuller replied those trees that are outside of the building pad will have to be mitigated on a per caliper inch basis. Skip Reynolds stated the burden of those trees could be with the new homeowner instead of the builder having to mitigate for the trees. Dee McNosky stated the homeowner would have to deal with tho trees die, which they probably will, the homeowner will not have not want to do so. Rich Munson questioned staff regarding at what time doe Fuller replied before the certificate of occupancy. Th . '1 er is the trees until the certificate of occupancy is changed t ew homeowne Lisa Kenney made motion to deny case A-06-0 The motion to deny was approved, the vote bei Ayes: Kenney, Reynolds, Munson, Moore, McNos Nay: None 3. Case A-06-003 - Request for Development Code regarding th Mar Addition located at 301 Del ' Staff member, Chris Fulle Chairman McNosky 0 Gene Faulkner, 30 There being no one . g to s Mr. Faulkne forw s if they are left. If the lace those trees if they do tion take place? Chris esponsible for those lations of the Colleyville Land . t 7, Block 1 of the Villas Del asked the applicant to come forward to speak. ame forward to brief the Board members. SkipR line the Ed Moo green spa the lot is ded Dee McNosky s different developm Skip Reynolds questioned Mr. Faulkner regarding if the deck will go down the west side of the house to possibly block the view from anyone having a picnic in the open space area? Mr. Faulkner replied correct, for privacy and shading from the afternoon sun. Rich Munson questioned Mr. Faulkner regarding if the deck would be tied to the existing foundation? Mr. Faulkner stated leaving this design to the contractor so that it would not settle. Rich Munson questioned Mr. Faulkner why the need for a variance if the deck will not be attached to the house? Mr. Faulkner replied the building official requested the variance. Chris Fuller osky closed the public hearing at 8:10p.m. " e questions raised during the public hearing. Ikner regarding if the intentions was to build up to the building ,~ Faulkner stated no, we have always had intentions to build ner r arding if the open space adjacent to his home will remain lied the area is dedicated as open space. Chris Fuller concurred space lot in the ordinance. ort letter comes from a neighbor across the open space area in a Zoning Board of Adjustment Minutes - March 14, 2006 Page 3 of 4 replied the building official may interpret the application with regards to whether or not a variance would be needed; therefore, that is why a variance has been requested. Ed Moore made motion to approve case A-06-003. Skip Reynolds seconded. The motion was approved, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None 4. Case A-06-005 - Request for a variance from the regul Development Code regarding the front building line se the Medlin Addition located at 7401, 7401A and 74 Staff member, Chris Fuller presented the case and brl~ Chairman McNosky opened the public hearing and Randy Moncrief, 7304 Pleasant Run Road ca "1 There being no one wishing to speak, Chairman . Skip Reynolds questioned Mr. Moncrief in regards to Moncrief replied that was a variance t for the we the east side of the road for the use of for the h Moncrief if the new fencing would be a back a replied correct. Ed Moore made motion ADJ Ed Moo meeting a of the Colleyville Land ots 1 and 2, Block 1 of " un Road The motion was appr Ayes:Kenney,Re~' Nay: None . urn an Skip Reynolds seconded. Vote was unanimous and the ately 8:30 p.m. Amy Shelley Planning & Zoning Assistant Approved on: -------------------- Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes - March 14, 2006 Page 4 of 4 city or cce@ ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING l'exa5 Meeting Date: May 9, 2006 I Prepared by: I Chris Fuller . I Development Coordinator I A-06-006 PUBLIC HEARING - Request for a variance from the Subject: I regulations of the Colleyville Land Development Code regarding the I front building line setback on Lot 2, Block 1 of the Summerbrook I Addition located at 2212 Glade Road ; SUMMARY & COMMENT Neil DiGiammatteo of Team 3 Homes has submitted a request on behalf of Michael and Sharon Albert for a variance request regarding front building line setback regulations. The property is located at 2212 Glade Road. The applicant has submitted an application for a variance to construct an ornamental iron fence along the front yard property line along the frontage of Glade Road. The subject property has a thirty-five (35) foot front yard building setback line. The lot is currently being developed for a detached single family residence. The owner is requesting a variance to allow the construction of a perimeter fence along the front yard property line, with a gated fence across the driveway. That applicant has provided exhibits of the proposed fence location and materials, which are attached to this agenda briefing. The proposed ornamental iron fence is seven (7) feet, two (2) inches tall. Illustrations provided by the applicant show the proposed fence extending from the corner of the property and connecting to a twelve (12) foot, two (2) inch column near the driveway. The column is attached to an eleven (11) foot, eight (8) inch solid stucco wall. The stucco wall, excluding the columns on each end, is approximately eighteen (18) feet in length. An ornamental iron gate is attached to a twelve (12) foot, two (2) inch column and extends across the driveway. The gate is recessed approximately fifteen (15) feet into the property in order to allow vehicles to queue in the driveway without impeding traffic on Glade Road. The ornamental iron gate attaches to a column on the opposite side of the driveway. The fencing details are identical on both sides of the driveway, with the iron fence extending to the opposite property line. The perimeter fence extends across the full length of the property. See the attached exhibits that illustrate the above description of the proposed fence. The Land Development Code states that no fence in a residential district shall exceed eight (8) feet in height. The proposed seven (7) foot, two (2) inch tall ornamental iron fence is in compliance with this general standard, presuming the Board approves the location. Without the variance, the Land Development Code requires that fences not exceed thirty (30) inches in height if they extend into the required setback area. The Land Development Code does not address the height of fence columns. The proposed columns are twelve (12) feet, two (2) inches in height. Agenda Item No.1 - Page 1 The property is zoned R30-Single Family Residential. The set back regulations for this zoning district are established by the Land Development Code: Front Yard: 35 ft. Side Yard: 10 ft. Rear Yard: 25 ft. Staff mailed notices to the nineteen (19) owners of property situated within 200 feet of the applicant's property. At this time, staff has received no written responses regarding the req uest. 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: '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 existing fences along collector and arterial roadways throughout the city. RECOMMENDATION Approval of the request as submitted. Staff has no objection to the approval of the variance for the fence to be constructed as proposed. 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. Agenda Item No.1 - Page 2 ATTACHMENTS . Location Map . List of Property Owners Notified . Information and Drawings from Applicant . Application Agenda Item No.1 - Page 3 Location Map D NORTH Agenda Item No.1 - Page 4 A-06-006 Bennett, George Etux Melinda 5008 Green Hill Lane Colleyville, TX 76034 Emmet, Thomas R Etux Melanie 5005 Green Hill Lane Colleyville, TX 76034 Nguyen, H Dinh Etux Ngoc Oahn 2300 Glade Road Colleyville, TX 76034 Hodges, Marilyn James & Marilyn Hodges Family Trust 2301 Glade Road Colleyville, TX 76034 Reck, Raymond J Jr 2200 Glade Road Colleyville, TX 76034 Sultan, Tariq & Rifat Tariq 4509 Bill Simmons Road Colleyville, TX 76034 List of Property Owners Notified Peel, Marie A 2308 Glade Rd. Colleyville, TX 76034 Huff, David A Etux Pauline L 5006 Green Hill Lane Colleyville, TX 76034 Lohse, Mark E Etux Jeannie A 4900 Patterson Lane Colleyville, TX 76034 Vincent, Janie K PO Box 451 Colleyville, TX 76034 Velasquez, Melanie Etvir Andrew 2305 Glade Road Colleyville, TX 76034 J. Michael & Sharon Norrell Albert 100 Wendover Ct. South lake, TX 76092 Celestinos, Frank J 2208 Glade Road Colleyville, TX 76034 Embry, Mark S Etux Marian 5100 Green Hill Lane Colleyville, TX 76034 Riddle, John R Etux Leslie G 5007 Green Hill Lane Colleyville, TX 76034 Barr, Alvin F Etux Evelyn F 4801 Patterson Lane Colleyville, TX 76034 Frasier, Dan R 2313 Glade Road Colleyville, TX 76034 Patterson, Michael E Etux Marilyn M E & Marilyn F Patterson Trust 2205 Glade Road Colleyville, TX 76034 Beres, Nancy Etal 6 Cardiff Lane Athens, OH 45701 Agenda Item No.1 - Page 5 Information and Drawings from Applicant I March 27, 2006 Zoning Board of Adjustments Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Re: 2212 Glade Road, Colleyville, TX To Whom It May Concern: Thank you for the opportunity to present our request for a variance on the land we purchased at 2212 Glade Road. We selected this specific site because it afforded us the opportunity to move back to Colleyville on a large lot and live among the many large native oak specimen trees located within the property. In designing our home, we challenged our architects to preserve all the existing native trees, which they did by designing the house diagonally across the site. Furthermore, we have kept the areas where trees are present clear of driveway pavement; and, the fencing layout, as designed, further protects the trees from external influences. In our opinion, the location of the fencing in question is consistent with other homes of similar size and type on large lots. Also, the fencing does not pose a hazard to the traffic along Glade Road. We respectively request that you consider our request to allow fencing in the building setback area, and we thank you for the opportunity to present this variance request. q;~~ ~~~~ J. Michael Albert Sharon Norrell Albert JMAlpah Attachments -+~. \ t .f- I? iz: .-\ ~ J I I I I I -*--:.---- ~f \I -=-\ {~ . -;.. ; 1'-+'___ I 1 ~. I 6~ ~', ~ ~ a ~ .~ f F -er ~ I~ r ~ , --L. r:2CEIVED MAR 2 9 2006 F I LEe 0 PYPer .......~, - '... ~. ~ I 11 1-,4- I ',I -0 ~ f.~ ..l !f ~ ~-~ r ~~' ~~ .../ . ~ 1- ';J ~ ' ~ c: ~N ! ~ I, ' QftI (II N tl.J i ~ ~~ ~ 1!1~~ " iJ * ~-----...-/ ~"--.:'). I :!.---::J,','. ; ~ c ' , .',' ~// , ,~r ~ " " -_' - '~ ~ ~ ::.\ ~ , ',f---/ - W ~j;2:-=::,~ ii- ~l \ t:=- ~ \J L +: - ~~. I --. j-~.. : -I -,~,==~ l-'-~-:-~~:--- -- 1----.-. f' . -~-,- , ---"- -' ----,-~ t--.. ,.... "' :\ I ...-.----... ! I . I II /I~~~~~J;:.. ~__._ r.-er. IAllJ - -- .- ' L._ < I -.j ------- - .._- " , , ~~,- f. .., H'f \t ) {\}) ~!. /l~' : ~'J ' I i : , r j.... -~.,-- )1 . j ,,-.- -J.1 /1 /Q. - 8' <2'W"c L31.J::. .:: 8 ~o Q ~' __.1 / =.~~~C!~~:.._ 15t.k.. := 'i ~ 4/1 . . . --_..-_.__.._...._----_.._~ ~f: CJ F f ~ f~- -~ -\1 .~. -;r i~ ~ ;Z~ -.. -\ . . 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I",U - J-- \' .-~-- "'I ~Ij ~. ~ ~ 3 _ ar N ~ll (;) f'- t[ ~ ~ ~ _1>-0'_ ""'....- Wood "";.~-<7..::r..... HO'OtrW 201.47 p~ Road ~u [i~ I ~ f ' P u ,- f J [ : ll' \., ,1 . l"'i .. l;l \~. f , . I . ,1 ! [ I l ...&...q~ Wood"- m---(l_u- - q I n.L.. I t: _"-<7""" ~ Wood_ .. .... r/.Q' l-IEr ........... Wood"- ... ;;:: ;U CD :t> ITI ... ;;0 0 w ITI <0 <: "" = f11 = 0 <n >r ~,. C> ~ The Albert Residence ZZIl GIolIe IIoad eou.,.tIIe. To.- Ul!ll~EHOr.tES wu.... ~ or 0.. ~ Ill!" _.1 !II ~; " II I ' ~] ~ SUBJECTSITE: 2212 Glade Road 5100 Pool Road #2 1700 Glade Road 1700 Glade Road #2 2016 Glade Road 2016 Glade Road #2 2400 Glade Road 5000 Montclair I 5005 Glade Road 5100 Pool Road ~ 'l'e... zdlttNG BOARD OF ADJUS"ENT APPLICATION FOR VARIANCE City of Colleyville 100 Main Street Colleyville TX 76034 817.503.1050 ~ '~QJ: . ....... . APPUCANT ~NtiH~ Address .J'.(;). .~ i.. '1t> , c;f> City ~1Q~e. Applicanfs Status: (check one) [J Owner . PROPERTY OWNER ..J..M~1!L. ~'~N ~~T' Address _l t!)t:;:> W~DOV~ GT. ~~ Status: (check one) )(Individual ' [J Trust Telephone No. Sit. 4%1'$#,1)5 Fax No. e.1- +'U. U I' State T)t. )(Representative [J Tenant Zip Code 1 (,c1:2.. Telephone No. &ll--iiO.;t7<46'Fax No. 6\1- 1511- 065+ :5. '2~.Q<"p Date State _j~ _ Zip Code o~~ Owner Signature 1 wt> 't ':1.. ~.zz ..ob Date , " r must slgll the application or submit a notarized letter of authorization. Please Initial the acknowledgments on the . ore signing this application. PROPERTY INFORMATION Street Address or Location ~Q...\ ~ ~LADe ~ Legal Description t.c,. :2. I 'e>La:-1'.. I el)N\.M.~p..c.o~ At:P\'1'lO ~ Present Zoning f\ - ~O Present Land Use _Ree,\De!N"T\.Ja.J..- Status of Project: [J Proposed )( Under Construction [J Existing Have you applied for a building permit? ')aYes [J No Have you filedanapp~al or petition on this property bef()re? ~o [J Yes BOARD OF ADJUSTrvlENT OFFICIAL USE ONLY Case Number A-6~~ Action 0 Approved Conditions Hearing Date ~<fl()c, (J Approved with Conditions a Denied Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT .ICATION - PAGE 2 REQUEST INFORMATION Please ans~erthe following questions as completely as possible. Failure to outline fully the sdtuatlon by answering these questions could cause unnecessary delay In evaluating your appeal. Additional pages may be attached If necessary. ' 1. Completely describe the variance you are requesting, lH'f. ~WNEJC..'S ~l,.O uu: To COf,ltsttc:.uC::,;r. ~ ~& ".~l~ ~. f!I! CAa61Ma)cf1lD ftlI(...,~ W fJINt:JI!.""". At.lD~ 1WlI!! '6h'D ,ue.~~mz>ll..gl ~.fJtc ....ANO.... ~ uNel. ~ ~m 'Illtt PIAU I ..~"""""~ I!I.L'T-.r-x CI!:p..'L.~ & 2. Do similar conditions exist in the area? Explain. ~, !lI!r.~1to ~Q~ Ofl-"~~l"""W=:~ . ~ Gt~ #CD. I!S~ MarrG....,1t. ,aD)'" ~t'E lq:lI'r~g ~Pl! !CD,) !S~ ~fICb. ~ -11"" .~~ tf..p. 3. Describe how the unique conditions or circumstances do not result from your actions. .~ 2'.D~l"'~aa:llN.~f1 -t>> f0T ~w 'TME ~'D'" DP= J'tIra.v-l""~ I~ we ~_~ eet't!!5.OGt::. ~. 4. Is there any way to do what you want without this request? ~ Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and. ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Zoning Board of Adjustment action does not constitute the approval of a building permit. Applicant's Initials w Date '3 -'L"t.-o~