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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-10/13/2015 (2)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, October 13, 2015 City Council Chambers    7:00 PM CITY COUNCIL CHAMBERS  THIRD FLOOR                               CALL TO ORDER PLEDGE OF ALLEGIANCE 1. PUBLIC HEARING AGENDA ITEMS      1a 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 VC15­007           2. ADJOURNMENT  I hereby certify this agenda was posted on City Hall bulletin boards Friday,  October 9, 2015, by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this  meeting. Any matter on this agenda may, at the discretion of the governing body, be  opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special  accommodations, please advise the City Secretary at least 48 hours in advance at  817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1a Agenda Date 10/13/2015 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 Update. At the September 8, 2015 Zoning Board of Adjustment (ZBA) meeting, board members directed the applicant to resubmit application materials to clarify the variance request. Specifically, the location of the proposed fence, along with details for any future plans to reconstruct the retaining wall. The applicant has submitted additional photographs and a revised site plan (attached) with the fence located approximately 12.5 feet from the property line. In addition to the revised site plan, the applicant submitted a narrative summary (attached) outlining the request for a variance. Staff is still recommending that the fence be placed along the retaining wall where it is within the required 30-foot building line but would find it acceptable to provide the fence five feet from the retaining wall to allow for future retaining wall improvements. The applicant has not selected a proposed fence placement that is consistent with staff’s recommendation. 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. Zoning Board of Adjustment Agenda Briefing 1a City of Colleyville Page 2 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 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 12.5 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 Zoning Board of Adjustment Agenda Briefing 1a City of Colleyville Page 3 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 the presence of 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 suggested a more appropriate location for the fence. This location meets the intent of the ordinance, preserves the character of the neighborhood, and allows the applicant to utilize his property as desired. Staff recommends the proposed fence be placed approximately five feet to the north of the existing retaining wall where it is within the required 30-foot setback along Glenhope Circle. It is recommended the fence follow the general path of the retaining wall to the 30-foot setback line where the fence will then continue west. This location will allow for any future maintenance or improvements to the wall and more closely meets the intent of the ordinance. The applicant has noted the presence of trees within the recommended five-foot setback. Staff recognizes the need to preserve existing mature trees on site and proposes allowing the fence to meander as necessary while remaining generally five feet from the wall to the 30-foot setback line. This compromise approach would still require a variance to the same requirement, but the fence would be set back farther, would correlate to the existing unique site features, and would preserve the existing mature tree line on the property. Staff recommends denial of the proposed variance as proposed by the applicant. Recommendation Denial Attachments 1.Location and Zoning Map 2.Aerial Map 3.Public Notification Map 4.Public Notification Mailing List 5.Application (3 Pages) 6.Applicant Variance Narrative 7.Site Plan by Applicant 8.Photo Exhibit by Applicant (20 Pages) 9.Additional Photos by Applicant 10.Staff Recommendation Exhibit I N D I A C T T W E LV E O A K S L N G L E N H O P E C I R G L E N H O P E C I R S G L E N H O P E C I R 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 ofGrapevine P O O L R D Subject Property G L E N H O P E C I R G L E N H O P E C I R S G L E N H O P E C I R N 6616 6613 6505 6501 6509 6609 6605 6608 66126604 6500650465126508 2507 2509 26032601 260726052505 / City ofGrapevine P O O L R D Subject Property TW E LV E O A K S L N G L E N H O P E C I R G L E N H O P E C I R S G L E N H O P E C I R N 6600 6480 6616 6504 6613 6500 6505 6501 6509 26032505 260725092605250726012503 6512 6609 6605 66086604 6612 6508 2502 2504 26042506260025082602 2606 / Case VC15-007 6613 Glenhope Circle North City ofGrapevinePOOL R D 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 October 2, 2015 Paul and Lardy Carrocci 6613 Glenhope Circle North Colleyville, TX 76034 Dear Zoning Board of Appeals, This proposal letter is to request and substantiate the grant of a variance for the residence at 6613 Glenhope Circle North in Colleyville, Texas. I am writing to seek a fence variance to build within the 30 foot build line that is on the north side of the property. We are requesting this in order to build a fence around our property to enclose the back portion of the property. The reason we are seeking the variance to enclose our property is for the safety and protection of ourselves and others. For example, the fence would help to keep our future children and neighborhood children in/out of the yard depending on the situation and would allow for our Jack Russell Terrier, J.R. to run freely in our yard within the fence. We want to be able to use the property to the fullest extent, while staying in line with the existing neighborhood and their landscaping. I would like to address the concerns that were brought up by me at the last meeting. At the last meeting I mention that I would be replacing the existing retaining wall. As of right now there are no immediate plans to replace the existing retaining wall with stone. Sometime in the distant future the wall will be replaced but the date has yet to be determined. I would like to let the Zoning Board of Adjustment know that I have deviated from my original plan. The first plan was to build the fence 7 ft. from the sidewalk and after revisiting the plan I have moved the fence back to over 12 feet from the side walk. There are also several hardships of why we need the variance to be approved. Building the fence where Colleyville would like us to build would create a practical difficulty and unnecessary hardship. The proposed fence shouldn’t be built within the 5ft. of the retaining wall; this wouldn’t allow enough room to work and maintain the yard safely. A possible falling hazard could exist and mowing would be extremely difficult within the area due to lack of space. The tree line that runs along the path of the 5 ft. set back that staff recommends would involve me to remove some of the mature landscape growth. I would have to move the fence towards the south of the property and thus lose more space. If the board would consider letting me move the fence out to where I marked the time around, it would be a fair compromise for both the city and us. I also believe the way that the house sits is vastly different from the other houses in the neighborhood; that is an additional hardship. My home is a on a corner lot and my front door faces east while the rest of the neighborhood’s doors faces north or south. There is only one existing home where the front door faces east. The fact that our front door faces east makes it more difficult to stay within the aesthetics of the current neighborhood. The petitioner requests a variance allowing a fence to be built around the residential property, generally following the property line, but one area is extended slightly so as to encroach into the City’s right of way. This encroachment would occur in primarily one area on the north side of the property on Glenhope Circle North. The proposed fence is requested in order to provide for increased home security. It is the absolute intent of the petitioner for his own personal architectural preferences as well as the needs of the Zoning Board of Adjustment to create a fence that specifically blends in with not only the existing landscape and vegetation, but is also in complete harmony with the neighboring fence types and appearances: • The fence shall not incorporate any “standout” features such as concrete pillars or visually attention-getting decorative protrusions • The proposed fence is desired, intended, and shall be built specifically to be unobtrusive and “low key”, blending in with the neighborhood I understand that I want to build within the 30 foot build line. As stated there is one other house in the Glenhope that has built within the build line. I also know that if the city needs to use the land for future development, the fence can be taken down and moved towards the south of the property for the city. There are at least two other houses on Glenhope Circle which have requested variances and were granted them. As such, granting this variance would not represent any unique or special privileges for the petitioner. Additionally, the proposed fence that this variance is being requested for doesn’t encroach or infringe on any neighboring residential properties or create hardship on any neighbors. The fence wouldn’t be a hardship on any of the people who live, work, or pass by. It would help to make it safer for all parties concerned. Respectfully submitted, Paul and Lardy Carrocci Paul and Lardy Carrocci 817-851-4844 or Plainolesoccer@yahoo.com