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
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. 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{ ~
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ddress -3. D tJ. M () 1J..,- f( p lJ X.
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/ 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
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(//~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<_____
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,--...;.__,.,___._~_.._______~~..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 ................