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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-6/13/2006 City of Colleyville Meeting Agenda Zoning Board of Adjustment 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, June 13, 2006 7:15 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL Rich Munson, Skip Reynolds, Lisa Kenney, Dee McNosky, Ed Moore, Larry Knox (Alt. 1) and Uton De/losso (All. 2) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES May 9, 2006 5. AGENDA ITEMS , 5a. Case A-06-007 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height regulations on Lot 12, Block 1 of the Clairmont Phase II Addition, located at 904 Montreux 6. REPORTS AND COMMENTS 7. ADJOURNMENT @ Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 6/8/2006 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MAY 9, 2006 ROLL CALL Present: Lisa Kenney, Skip Munson, Ed Moor Uton Dellosso Barry LeB s, Dee McNosky, Rich Knox (Alt. 1.) REGULAR MEETING: Chairman McNosky called the regularly sch 7:21 p.m. Absent: Staff: APPROVAL OF MINUTES Skip Reynolds made motion to approve the Ma Munson seconded. Approved by acclamation. itten. Rich AGENDA ITEMS 1. Case A-06-006 - Request for tions of the Colleyville Land Development Code regarding th on Lot 2, Block 1 of the Summerbrook Addition located at Staff member, Chris Ful d the c '.. ~.. Chairman McNosky asked the applicant to come forward to speak. Neil DiGiammatte e Road, contractor for the applicant, came forward to present th s the Board had. Rich Mun rding I of way on Glade Road had been dedicated? Barry L way was dedicated at the time of platting. Ed atteo regarding if the new fence would line up with the neig plied yes. Board m regarding if this promotes our estate developments along major thoroughfa stated staff has discussed a possible amendment to the Land Development these types of perimeter screening fences by right along major thoroughfares. oid property owners having to seek a variance in the future. This proposed amendm e something discussed by the Planning and Zoning Commission at a future date. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:41 p.m. Skip Reynolds made motion to approve case A-06-006. Rich Munson seconded. The motion was approved the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None Zoning Board of Adjustment Minutes - May 9, 2006 Page 1 of 2 REPORTS AND COMMENTS None ADJOURNMENT The motion to adjourn was seconded. Vote was unanimous and the meeting adjourned at approximately 7:45 p.m. Note: As a matter of public record, an audio recordin available upon request. Amy Shelley Planning & Zoning Assistant Approved on: ------------------- Zoning Board of Adjustment Minutes - May 9, 2006 Page 2 of 2 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WV'NI. colleyville. com File Number: File Type: Case Status: Board Public Hearing Controlling Body: Zoning Board of Adjustment Final Action: Version: 1 Agenda Date: 06/13/06 .' ,Requester: Community Development Department File Name: Case A-06-007- Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height regulations on Lot 12, Block 1 of the Clairmont Phase II Addition, located at 904 Montreux Agenda No.: Sa Mtachments: Application . Zoning Map. List of Property Owners Notified . Form Survey , History of Legislative File Version: Date: Acting Body: Action Text: 1 06/13/06 Zoning Board of Adjustment Title Case A-06-007 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height regulations on Lot 12, Block 1 of the Clairemont Phase II Addition, located at 904 Montreux Explanation STAFF REVIEW COMMENTS Marshall Morgan is the applicant for a variance request regarding a lot located at 904 Montreux Avenue in the Clairemont Phase II Addition. The applicant has applied fora variance from the residential fence height regulations. There is currently a single family home on the subject lot with a six foot wood fence located along the rear property line. The applicant proposes to install four feet of lattice to the top of the existing fence. The applicant intends to grow vegetation along the lattice in order to further screen the subject property from the adjacent residential property to the west. The adjacent property to the west is not located within the Clairmont subdivision. Chapter 3 of the Land Development Code regulates the fence height in residential zoning districts. Section 3.26.C.1 of the Land Development Code states that no fence in a residential district shall exceed eight feet in height. The proposed addition to the fence of four feet will result in a total height of 10 feet, exceeding the permitted height by two feet. city of Colleyville Page 1 Printed on 61912006 Agenda Briefing Continued 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 13 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 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 resuff 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. " Summary. 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. City of Colleyvllle Page 2 Printed on 6/9/2006 Application L.. ddress 3.acz' (! ~ L A/.or; DR. ily 1< e '-I- f.::../1. '~_'___ Applicant'!,' Status: (check one) Q Owner PROP~.. . OWNER ....,~ttq,.,J'l-~.1--4(1~F~~. ~ 17-537--&s(} .3 . State T A----- Q Representative Q Tenant !$phone No.fn, r$'J./lfU, Fax No. 317- at/l-l)S"b3 Zip Code 1t':z J-.L{ ~ ",..". v','. '_.'-, ;. ddress -3. D tJ. M () 1J..,- f( p lJ X. :ity C tJL f..1E 'IV I Ll-J;:. Ownershif!StatU8:(check one Q Individual / State .....7K' .. ....i> ZipCode _Lbt>?;4- Q Trust )(parmership. Q COI'pQr'ation -5'"- 11- {)(p $}\-NE' Date Qwner~n~ Date or submit. notarized Ie~ of~OfJ. .... _knoiWledgmentaonthe ". . . ...... ... ......F8U.t'e)outllneftJllythesltU8tfOn.by delay in evaluating y~ur ap~al. Additional pages may be Comp~tety describe the variance you are requesting. W-1:.-iikb .. it.. I- fl. TT I C E.up -r 0 ~-ro P. of \IJL~(Jn.PG"CIE" to (3-~otd(3Rtif'AI(r~Y To :',' __.,' - c. rtlrd2_cK. JJLlE~,___,tE. Tr<. A~J:L_IfN..JJ_.JJ2}/K.~N A:llIltc./F NT (//~ap.lf"{(_I.:L J . . 00 similar conditions exist in the area? Explain. __t1_D-_____~---'-..__._._., Describe hQw the unique conditions or circul'nstancesdo not result from your actions.AJd SACE1llI.. fR.Q_~g&I't__L5__.J1gJ:LTJa2J.. C,11/i Nf2I...-Et2.ll C!E _Q.Jl1l1JL~~ b F<_____ ~f!dL.T_.,._.-.r-Q---.c.LiEA.&-.---QJ2 _s1._g._r__3___LK'21~_--.La -r~ ,--...;.__,.,___._~_.._______~~..A'~'~_'____'_'-'-""_~__""V'Y_'~_,~_~__,_____~_~_..._.~_.._." Is there any way to do what you want without this request? _________N.o_________.__-_________.______________ __..._.._'_____m..~__.____..v""._,....~,,_..__...mm_.._.__.~----..~._d..~._.._..~.._.._____'"_._'.'._____...._.._,___..______......___.____~___._,..._....._H_.......__.____._____~w....-..___,~-....... __~______.u._.._._.._._.___._...._..,.___......,.v..._...__~.A_._.~__.._...._.._.___..__......__.~~..~.._.____^.......__.____...~._._...._...._.._._..__________....__._-___,_._ _._....._____,_..___.______~N..._~.__ Zoning Map Bateman, Kent J & Kristin J 1422 Rolling Acres Dr Argyle, TX 76226 Ishak, Ashraf Z Etux Irene N 2928 Oak Ridge Dr Hurst, TX 76054 Lones, Steve Jr Etux Kelly S 905 Montreux Ave Colleyville, TX 76034 Riverchase Construction Lp 308 Calais Dr Keller, TX 76248 Mr. Marshall Morgan, applicant 308 Calais Drive Keller, TX 76248 List of Property Owners Notified Chandler, Raman PO Box 611 Colleyville, TX 76034 J A Hatfield Inc 3334 Boggett Ct Southlake, TX 76092 Milboum,Jerry R Jr Etux Joann 905 Chateau Ct Colleyville, TX 76034 Tuscany American Homes Inc 215 Executive Way Ste 120 Desoto, TX 75115 There is not an address for the Clairmont HOA Ici Development LIc 4101 Gateway Dr Ste A Colleyville, TX 76034 Jud, Tom Peter Etux Shannon 900 Montreux Ave Colleyville, TX 76034 Mitzel, Alan J Etux Cindy A 8205 Hallmark Dr North Richland Hills, TX 76180 Tuscany American Homes Inc 215 Executive Way Ste 120 Desoto, TX 75115 SCALE 1"::::; 30' Form Survey VAl RECEIVED MAY 1 2 2006 Per ................