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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-12/8/2015 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, December 8, 2015 City Council Chambers 7:00 PM CITY COUNCIL CHAMBERS THIRD FLOOR CALL TO ORDER PLEDGE OF ALLEGIANCE 1. SWEARING IN OF NEWLY APPOINTED MEMBERS Dee McNosky, Place 4 Raymond Allee, Place 5 2. APPROVAL OF MINUTES September 8, 2015 October 13, 2015 3. PUBLIC HEARING AGENDA ITEMS 3a Request for a variance to certain provisions of Section 3.24.G Schedule of District Regulations of the Land Development Code on Lot 3, Block 1, of the JT Lake Addition, located at 3701 Cliffwood Drive, Case VC15-012 3b Request for a variance to certain provisions of Section 3.24.G Schedule of District Regulations of the Land Development Code on Lot 1, Block 1, of the JL3 Cavalier Estates Addition, located at 6212 Pleasant Run Road, Case VC15-013 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 4, 2015 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant Zoning Board of Adjustment Agenda December 8, 2015 City of Colleyville Page 2 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 Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 8, 2015 City Council Chambers Call to Order The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on September 8, 2015 at 7:00 p.m. Roll Call Present: Board members Jason Elms, Mark Collier, Dee Kamerman (Alternate 2), Larry Kainer (Alternate 1), Mike Leathers, and Dee McNosky Absent: Board member Judson Orlando Staff Present: Abra Nusser, Taci Wrisley, and Eddie Wilson 1. APPROVAL OF MINUTES Board member Elms made a motion to approve the minutes as written. Board member Collier seconded. The motion to approve the minutes as written carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a 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, VC15-007 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:05 p.m. Paul Carrocci and Lardy Carrocci, the property owners of the subject property, came forward and briefed the Board. Board member McNosky questioned the Carrocci’s regarding why the fence is proposed to deviate from where it would normally be allowed. City of Colleyville Page 1 Zoning Board of Adjustment Minutes September 8, 2015 Mr. Carrocci replied that the fence would be a minimum of 10 feet from the sidewalk. Board member McNosky clarified the placement of the proposed fence. Mr. Carrocci stated that his house is within the 30-foot building line. Ms. Nusser questioned the Carrocci’s whether the site plan for consideration accurately portrayed the request. Mr. Carrocci stated that revisions had been submitted but the site plan being considered is not the most recent version. Ms. Nusser stated that the site plan being considered is the only one staff had received. The Carrocci’s stated they did not have a copy of the proposed site plan that was the correct version. Discussion continued regarding potentially continuing the item to allow for additional time for staff to work with the applicant to review what the applicant would like to propose for the fence placement. Mr. Carrocci stated that he anticipates replacing the existing wood retaining wall and replacing it with a stone retaining wall. Discussion continued regarding where the fence placement was being proposed. Board member Kainer questioned the timing of the retaining wall replacement. Mr. Carrocci stated between December and February. Mr. Elms stated concerns regarding unanswered questions regarding what is being proposed and the timing of the retaining wall replacement. Board member McNosky suggested continuing the item until the questions are resolved and staff can review the appropriate documents to send to the Board for consideration with additional information. Mr. Carrocci stated that he would like to install the fence to enjoy his property. Board member McNosky questioned Mr. Carrocci if he would like to provide additional information at the October meeting. Mr. Carrocci stated that continuing the item would be acceptable. Keith Seawright, 6609 Glenhope Circle North, came forward and spoke in opposition. There being no one else wishing to speak, the public hearing was closed at 7:18 p.m. Board member Leathers made a motion to continue the case to an event certain to allow the applicant time to submit more exhibits. Board member Kainer seconded. The motion to continue the case to an event certain to allow the City of Colleyville Page 2 Zoning Board of Adjustment Minutes September 8, 2015 applicant time to submit more exhibits carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 2b 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 7, Block A, of the Westmont Addition, located at 101 Bartram Lane, VC15-008 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:21 p.m. Gary Panno, the property owner, came forward and briefed the Board. Carel Tornes, 6712 Hillier Court, came forward and spoke in support on behalf of the Westmont Homeowners Association. There being no one else wishing to speak, the public hearing was closed at 7:23 p.m. Board member Leathers made a motion to approve Case VC15- 008. Board member Kainer seconded. The motion to approve Case VC15-008 carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 2c 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 31, Block A, of the Somerset Manor Addition, located at 1100 Rhett Drive, VC15-009 Abra Nusser presented the case and briefed the Board The public hearing was opened at 7:25 p.m. Jeff Robinson, on behalf of the builder, came forward and briefed the Board. Board member McNosky questioned Mr. Robinson regarding how many properties within the same subdivision would have the same conflict with the fence requirements. Mr. Robinson replied there are three lots total. Abra Nusser added there is one more lot for a total of four lots. City of Colleyville Page 3 Zoning Board of Adjustment Minutes September 8, 2015 Roger Guthrie, 759 Bandit Trail, came forward and spoke in opposition. Matt and Carolyn Alfano, the future homeowners came forward and spoke in support. Discussion occurred regarding the location of the other properties that would have the same conflict. Dee McNosky stated there have been cases within the city that were similar to this one that were approved due to the lack of privacy for corner lots. Board member Elms questioned staff regarding the average lot width of the subdivision. Abra Nusser stated she did not have that information readily available. Board member Elms stated he believed there was approximately 15 feet additional on each corner lot. Abra Nusser stated the ordinance states some lots are designated at 50 feet and some are 60 feet in width. She further added the setback along the street is 10 feet. Board member Collier stated he knew if the Board approved the case it would set a precedent for the subdivision but he understood the request for a variance. Board member Leathers stated he had not heard a hardship for the variance. Discussion occurred regarding the safety aspect of allowing the variance. There being no one else wishing to speak, the public hearing was closed at 7:44 p.m. Discussion occurred among staff and the Board regarding the proposed placement of the fence. Board member Elms made a motion to approve Case VC15- 009. Board member Kainer seconded. The motion to approve Case VC15-009 carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky City of Colleyville Page 4 Zoning Board of Adjustment Minutes September 8, 2015 2d 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 30, Block A, of the Somerset Manor Addition, located at 1105 Guthrie Drive, VC15-010 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:52 p.m. Jeff Robinson, on behalf of the builder, was present for questions. Roger Guthrie, 759 Bandit Trail, came forward and spoke in opposition. Discussion occurred regarding the height of the fence and the placement of the proposed fence. There being no one else wishing to speak, the public hearing was closed at 7:55 p.m. Board member Collier made a motion to approve Case VC15- 010. Board member Kainer seconded. The motion to approve Case VC15-010 carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 2e 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 14, Block B, of the Somerset Manor Addition, located at 7021 Avery Lane, VC15-011 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:58 p.m. Jeff Robinson, on behalf of the builder, was present for questions. Roger Guthrie, 759 Bandit Trail, came forward and spoke in opposition. There being no one else wishing to speak, the public hearing was closed at 8:00 p.m. City of Colleyville Page 5 Zoning Board of Adjustment Minutes September 8, 2015 Board member Collier made a motion to approve Case VC15- 011. Board member Kainer seconded. The motion to approve Case VC15-011 carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 3. ADJOURNMENT The meeting adjourned at 8:00 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on ________________ by a vote of ______. City of Colleyville Page 6 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 13, 2015 City Council Chambers Call to Order The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on October 13, 2015 at 7:02 p.m. Roll Call Present: Board members Jason Elms, Dee Kamerman (Alternate 2), Larry Kainer (Alternate 1), Mike Leathers, and Dee McNosky Staff Present: Abra Nusser and Shane Pace 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 VC15-007 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:05 p.m. Paul and Lardy Carrocci, the property owners, came forward and briefed the Board. Discussion occurred between the Board and Mr. Carrocci regarding the placement of the proposed fence. Board member Kamerman questioned Mr. Carrocci regarding the development history of the property. Mr. Carrocci replied the property was annexed into the Glenhope Addition around 1997 and given a Glenhope Circle address. He further explained this is the reason their front yard currently faces Pool Road and their side yard fronts Glenhope Circle North. Discussion continued regarding the position of the residence on the property. City of Colleyville Page 1 Zoning Board of Adjustment Minutes October 13, 2015 Board member Orlando questioned staff regarding why their recommendation did not follow the 30 foot build line. Abra Nusser replied due to the topography of the property and the retaining wall, it would not work. Discussion occurred regarding the topography of the property, trees near the proposed fence, and staff’s recommendation. Keith Seawright, 6609 Glenhope Circle North, came forward and stated he supported staff’s recommendation. Discussion occurred among the board regarding the possibility of constructing the proposed fence in a straight line. Board member Leathers questioned Mr. Seawright regarding which proposal he was in support of, the applicant’s or staff’s. Mr. Seawright replied he was in support of whichever was consistent with the neighborhood and was closest to the build line. There being no one else wishing to speak, the public hearing was closed at 7:31 p.m. Board member Elms stated he was more in favor of staff’s proposal and he felt the applicant’s proposal, if approved, would set a precedent for the neighborhood. Discussion occurred regarding both proposals and the best solution. Board member Leathers made a motion to approve Case VC15- 007 accepting the staff recommended placement of the fence. Board member Orlando seconded. The motion to approve Case VC15-007 carried by the following vote: Aye: 5 – Elms, Leathers, Orlando, Kainer, and McNosky 2. ADJOURNMENT The meeting adjourned at 7:36 p.m. Minutes were written and prepared by: City of Colleyville Page 2 Zoning Board of Adjustment Minutes October 13, 2015 Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on ________________ by a vote of ______. City of Colleyville Page 3 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 3a Agenda Date 12/08/2015 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to certain provisions of Section 3.24.G Schedule of District Regulations of the Land Development Code on Lot 3, Block 1, of the JT Lake Addition, located at 3701 Cliffwood Drive, Case VC15-012 Explanation The applicant, Christina Hill of Chi Designs, is requesting a variance to the minimum side yard setback requirements in the R-15 – Single Family Residential District at 3701 Cliffwood Drive (Lot 3, Block 1 of the Woodbriar Estates West Addition). The applicant intends to construct an approximately 530 square-foot addition to the existing, attached garage on the south side of the subject property. The proposed garage addition would be approximately one foot from the southern property line. The proposed structure would be constructed with similar façade materials as the existing residence, and composition shingles matching those on the primary residence. Existing Conditions and Zoning: The subject property is currently platted and developed with one single family home and an attached garage. The property is zoned R-15 Single Family Residential and is surrounded by single family residential homes, also zoned R-15. Proposed Variance: Request – The applicant is requesting a variance to the minimum side yard setback for the R-15 zoning district as defined in Section 3.24.G of the Land Development Code, to allow for a minimum side yard setback on the southern property line of one foot versus the required 10-foot setback. The existing structure on the subject property is currently in compliance with this regulation. The applicant has stated in the submittal letter that the setbacks and existing pool in the rear of the property make the proposed location of the garage addition “the only sensible site for the garage to be attached, therefore making more space to store his vehicles and clean up the appearance from the street.” An application for a building permit to construct the garage was submitted in June of 2015 (BLD1506-115), and the permit was approved based on the information provided to staff that reflected an inaccurate location of the southern property line. Following the release of the building permit and the commencement of construction, staff learned of the side yard encroachment from the applicant, and the building permit was Zoning Board of Adjustment Agenda Briefing 3a City of Colleyville Page 2 revoked on September 22, 2015. The variance request is in response to the revocation of the building permit. Due to the history of the records for the project, an updated survey showing existing property features and the property line was required and is provided with this item for reference. Ordinance – Chapter 1, Section 1.16.E.10 of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances where the literal enforcement of the provisions of the 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 the ordinance cannot be granted to relieve a self-created or personal hardship, nor for financial reason only, nor can a modification be granted to permit any person a privilege in developing a parcel of land not permitted by the ordinance to other parcels of land in the district. Analysis – The applicant has not demonstrated a hardship on the subject property since a garage expansion would be self-imposed. The granting of the variance could adversely affect the property to the south. Although the neighbor to the south has signed a letter of support provided by the applicant, future construction of accessory structures, fences, and other features could be restricted should the variance be granted. Public Notification: Staff mailed notices to 14 property owners within 200 feet of the site. Notice was published in the Fort Worth Star Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Staff Recommendation: Based on the existing conditions on site, staff does not recognize a hardship with regard to the construction of an expansion to the existing garage. Therefore, staff recommends denial of this request. Recommendation Denial Attachments 1.Aerial 2.Location and Zoning Map 3.Property Owner Notification Map 4.Property Owner Notification List 5.Variance Request Letter 6.Proposed Site Plan Zoning Board of Adjustment Agenda Briefing 3a City of Colleyville Page 3 7.Property Survey 8.Letters of Support 9.Proposed Building Elevations 10.Similar Property Conditions Photos WOOD C R E S T D R W O O D C R E S T C T WOODBINE DR C L I F F W O O D D R S A N B A R L N 3608 3708 3611 3616 3616 3709 3705 3615 3704 3612 3701 37003701 3609 3612 3700 3709 3708 3615 3611 36173705 3701 3705 212 3613 3704 3609 3713 3709 36053609360836043607 3708 3704 / Subject Property G R E E N B R I A R C T B R E N T W O O D D R B R E N T W O O D C T C H A P E L W O O D C T W O O D C R E S T D R W O O D C R E S T C T WOODBINE DR BROOKRIDGE DR QUAIL RUNC L I F F W O O D D R S A N B A R L N 3601 3605 3609 208 204 212 200 301 35113512 104 101 3717 3612 3512 3716 3608 37133712 36003604 3512 3714 3613 3600 37213801 3616 3713 3601 3611 3718 3713 3717 3600 3609 3608 3608 3511 3609 3700 3612 3701 3601 3704 3604 3615 3709 3717 3617 3613 37053708 36113612 3700 3712 3616 3605 3601 3616 3605 3709 3615 3709 3616 3701 3704 3511 3705 3716 3612 3704 37003701 3616 3604 3609 3612 3700 3608 3708 3708 3709 3604 3708 3700 3615 3704 3708 3600 3611 3705 3713 3701 3709 3512 3705 3607 3722 3508 3704 3705 3617 3501 3717 3701 3508 3716 3509 203 119 105350835093504 R-15 R-30 R-20 PUD-RCC-3 / Subject Property Legend Properties within 200 feet Subject Property Parcels G R E E N B R I A R C T C H A P E L W O O D C T W O O D C R E S T D R W O O D C R E S T C T WOODBINE DR BROOKRIDGE DR QUAIL RUNC L I F F W O O D D R S A N B A R L N 3601 3605 3609 208 204 212 200 35113512 101 3612 3721 3512 3600 3714 3716 3713 3601 3718 3713 3717 3600 3608 3608 3511 3609 3701 3601 3613 3604 3709 3617 3613 37053708 36113612 3700 3712 3616 3605 3616 3709 36153616 3704 3612 3704 37003701 3616 3604 3609 3612 3700 3608 3708 3709 3604 3708 3700 3615 3704 3708 3722 3600 3611 3705 3701 3512 3705 3607 3717 3704 3716 3717 3508 203 119 3501 3713 3709 3705 3508 3509 3701 3617 105 104 3601 3511 3609 3605 3611 3713 3615 3701 3705 3509 3709 301 3717 3726 / Case VC15-012 3701 Cliffwood Drive Subject Property OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS THOENNES, NORMAN E 3704 SAN BAR LN COLLEYVILLE TX 76034 3704 SAN BAR LN HALTOM, CHRISTOPHER 3700 SAN BAR LN COLLEYVILLE TX 76034 3700 SAN BAR LN MCDANIEL, JOHN D 3609 CLIFFWOOD DR COLLEYVILLE TX 76034 3609 CLIFFWOOD DR BOUCHE, NOEL 3617 SAN BAR LN COLLEYVILLE TX 76034 3617 SAN BAR LN WILLIAMS, PHILLIP 3612 CLIFFWOOD DR COLLEYVILLE TX 76034 3612 CLIFFWOOD DR LAKE, JONSON T 3701 CLIFFWOOD DR COLLEYVILLE TX 76034 3701 CLIFFWOOD DR RILEY, MARK 3615 CLIFFWOOD DR COLLEYVILLE TX 76034 3615 CLIFFWOOD DR COVELL, JOHN V 3608 SAN BAR LN COLLEYVILLE TX 76034 3608 SAN BAR LN MORAINE, ROLLAND J 3700 CLIFFWOOD DR COLLEYVILLE TX 76034 3700 CLIFFWOOD DR GOODELL, WILLIAM J 3701 SAN BAR LN COLLEYVILLE TX 76034 3701 SAN BAR LN JIMENEZ, NURIA 3704 CLIFFWOOD DR COLLEYVILLE TX 76034 3704 CLIFFWOOD DR SCHWARTZ, NANCY A 3708 SAN BAR LN COLLEYVILLE TX 76034 3708 SAN BAR LN SCHMULEN, VICTORIA J 3616 SAN BAR LN COLLEYVILLE TX 76034 3616 SAN BAR LN WASSON, RONALD L 3709 CLIFFWOOD DR COLLEYVILLE TX 76034 3709 CLIFFWOOD DR ELLIS, TERRY R 3613 SAN BAR LN COLLEYVILLE TX 76034 3613 SAN BAR LN JONES, NORMAN PO BOX 1191 COLLEYVILLE TX 76034 3705 CLIFFWOOD DR RATCLIFF, DOROTHY LOU 3611 CLIFFWOOD DR COLLEYVILLE TX 76034 3611 CLIFFWOOD DR CORBELL, STEVEN L 3616 CLIFFWOOD DR COLLEYVILLE TX 76034 3616 CLIFFWOOD DR DIXON, JAMES 3708 CLIFFWOOD DR COLLEYVILLE TX 76034 3708 CLIFFWOOD DR SOUTHERLAND, JOHN 3612 SAN BAR LN COLLEYVILLE TX 76034 3612 SAN BAR LN GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE TX 76051 STATE LAW REQ WOODBRIAR ESTATES HOA 3700 SWEETBRIAR COLLEYVILLE TX 76034 COURTESY NOTICE CHRISTY HILL 234 SOUTH MAIN STREE KELLER TX 76248 APPLICANT PUBLIC HEARING NOTICES WERE MAILED 11/23/2015 BY TACI WRISLEY November 19, 2015 3701 Cliffwood Drive, Colleyville, TX 76034 Formal Letter: This letter is to describe the variance request and the hardship that exists on the property. We are here to request a variance from the required 10 foot side yard setback to allow for a 1’-3’ side yard setback. There are already setbacks on the rear of the property of 12’ (utility) and 25’ (build setback) and he also has a pool in the rear of his property preventing us to not build in that location. This is the only sensible site for the garage to be attached, therefore making more space to store his vehicles and clean up the appearance from the street. We would only need a variance of 1’-3’ from property line for the new location of the garage. There are no other impeding trees or topography that would have to be removed in order to build in this location. Again, we would be building a one car garage where the existing driveway is/was located, using the same materials as the existing house. We had a permit in possession from the city, paid out deposits totaling $20,000 and demoed their existing driveway. Several similar conditions exist on the block of Cliffwood Drive with structures 5’ or less from property line. Addresses include: 3708 Cliffwood Drive, 208 Woodvine, 212 Woodvine, 3609 Cliffwood Drive, 3607 Cliffwood Drive, 3601 Cliffwood Drive, 3604 Cliffwood Drive, 3500 Cliffwood Drive, 3405 Cliffwood Drive, and 3505 Cliffwood Drive. This structure will not hinder the view of neighboring houses and the aesthetics of the structure will be copasetic to the integrity of the rest of the house. We appreciate your consideration. Sincerely, Christina Hill CHI Designs C l i f f w o o d D r i v e JT LAKE HOUSE ADDITION JT LAKE HOUSE ADDITION JT LAKE HOUSE ADDITION 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 3b Agenda Date 12/08/2015 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to certain provisions of Section 3.24.G Schedule of District Regulations of the Land Development Code on Lot 1, Block 1, of the JL3 Cavalier Estates Addition, located at 6212 Pleasant Run Road, Case VC15-013 Explanation The applicant, Frank Ritz, is requesting a variance to the minimum lot size requirements in the AG – Agricultural District at 6212 Pleasant Run Road (Lot 1, Block 1 of the JL3 Cavalier Estates Addition). Upon submitting a plat for the subject property to reconstruct a single family home, the required right-of-way dedication for Pleasant Run Road reduced the existing, compliant lot area, to a lot area slightly under the requirement. The applicant would like to maintain the AG zoning designation on the property, as there are no plans to subdivide the property further. Existing Conditions and Zoning: The property is currently unplatted and developed with one single family home which is proposed to be removed. The subject property is zoned AG – Agricultural District. The property to the north is zoned AG and is undeveloped. The properties to the south and west are zoned R-40 Single Family Residential District and developed with one single family home on each property. The properties to the east (across Pleasant Run Road) are zoned R-20 Single Family Residential District and developed with one single family home on each property. Proposed Variance: Request - The applicant is requesting a variance to the minimum lot size for the AG zoning district as defined in Section 3.24.G of the Land Development Code, to allow for a lot size of 127,302 square feet. The requested lot size is 3,378 square feet below the requirement of 130,680 square feet (approximately 2.6 percent). Ordinance - Chapter 1, Section 1.16.E.10 of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances where the literal enforcement of the provisions of the 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 the ordinance cannot be granted to relieve a self-created or personal Zoning Board of Adjustment Agenda Briefing 3b City of Colleyville Page 2 hardship, nor for financial reason only, nor can a modification be granted to permit any person a privilege in developing a parcel of land not permitted by the ordinance to other parcels of land in the district. Analysis – The applicant desires to maintain the AG zoning district designation on the property, therefore a variance is necessary to allow for this adjustment from the requirements. Through the platting process, additional right-of-way dedication was required by the City due to the designation of Pleasant Run Road as a Major Arterial on the Master Thoroughfare Plan. During the review process for the associated minor plat (PC15-021), the required 47.5 feet of right-of-way dedication reduced the total area of the lot to less than the minimum 130,680 square feet. The applicant would not be requesting the variance in question if a building permit had not been needed to reconstruct a single family home. The applicant has demonstrated a hardship on the subject property, and the granting of the variance should not adversely affect surrounding properties. Public Notification: Staff mailed notices to 13 property owners within 200 feet of the site. Notice was published in the Fort Worth Star Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Staff Recommendation: Due to the required dedication of future right-of-way on the subject property, staff recognizes a hardship with regard to the minimum lot size. Therefore, staff recommends approval of the proposed variance request. Recommendation Approve Attachments 1.Aerial Map 2.Location and Zoning Map 3.Property Owner Notification Map 4.Property Owner Notification List 5.Variance Request Letter 6.Plat Submittal in Progress (For Reference Only) HU N T E R L N WA L L E R L N L D L O C K E T T R D TINKER RD HARDAGE LN P L E A S A N T R U N R D 1000 6316 6208 6400 6212 6105 6103 6117 909 911 6200 6115 6114 6112 6113 6204 6228 6114 6301 6101 9006110 6215 6402 905 6104 906 6106 907903 904 6108 902 6213 901 1005 6313 6100 6317 1000 904 6112 6114 908900 6321 1001 6405 6000 6005 6400 / Subject Property HU N T E R L N EMERALDCT COOKS LN WA L L E R L N T H E R E S A L N C U T T E R R I D G E C T HA R D A G E CI R L D L O C K E T T R D TINKER RD HARDAGE LN P L E A S A N T R U N R D 1000 6316 6105 6208 6400 6212 6100 6114 6103 6304 6117 64026404 6321 6406 6400 909 911 6301 6300 6105 6112 6200 6402 1005 6115 1011 6400 1009 5918 6008 6113 6115 6113 6109 6204 1012 6228 1008 6114 6215 6129 6101 6301 6115 6201 6110 6005 6104 6101 6106 6413 6108 6401 900 6215 6405 905 906 907903 904902 6213 6405 901 5917 516 6000 6001 6119 6128 6114 1007 6100 1001 1004 100610001002 7046095 6108 6104 6117 800 804 904 700 6401 908 608 6014 6301 11016409 1101 63136317 6112 1009 6114 900 6216 612 6403 6321 6501 6301 R-40 AG R-20 R-40 R-40 AGAG AG AG AG R-40 AG R-40 R-40 AG R-30 AG R-40 R-30 R-30 AG R-20 R-30 R-20 AG R-40 AG R-40 R-30 AG R-20/ Subject Property Legend Properties within 200 feet Subject Property Parcels HU N T E R L N COOKS LN WA L L E R L N L D L O C K E T T R D TINKER RD HARDAGE LN P L E A S A N T R U N R D 1000 6316 6105 6208 6400 6212 6100 6114 6103 6117 6402 6321 6400 909 9116112 6200 6402 1005 6115 5918 6008 6113 6204 6228 6114 6301 6400 6110 6005 6104 6101 6106 6413 6108 6401 900 6215 6405 905 1008 906 907903 904902 6213 901 5917 6000 6001 6114 6100 1001 1000 1002 704 6108 6104800 6300 6115 6105804 904 700 908 608 6014 6301 6404 6301 6409 1009 63136317 6112 6129 6101 6215 6201 6095 9006304 6405 6117 612 6321 64016501 / Case VC15-013 6212 Pleasant Run Road Subject Property OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS JORDAN, TOMMY D 900 HARDAGE LN COLLEYVILLE TX 76034 900 HARDAGE LN DAVIS, DONALD J 6608 CONNIE LN COLLEYVILLE TX 76034 6228 PLEASANT RUN RD KHUBCHANDANI, ZUBIN 6208 PLEASANT RUN RD COLLEYVILLE TX 76034 6208 PLEASANT RUN RD ASAFF, CHRISTOPHER 902 HARDAGE LN COLLEYVILLE TX 76034 902 HARDAGE LN CUNNINGHAM, STEVEN MICHAEL 6213 PLEASANT RUN RD COLLEYVILLE TX 76034 6213 PLEASANT RUN RD MENON, SUNEEL 6204 PLEASANT RUN RD COLLEYVILLE TX 76034 6204 PLEASANT RUN RD HUGHES, HOWARD 901 HARDAGE LN COLLEYVILLE TX 76034 901 HARDAGE LN YOES, MARGARET W 6113 HUNTER LN COLLEYVILLE TX 76034 6113 HUNTER LN VENCILL, ROBERT 6215 PLEASANT RUN RD COLLEYVILLE TX 76034 6215 PLEASANT RUN RD JORDAN, JOHN D 53 PIAZZA LN COLLEYVILLE TX 76034 6103 HUNTER LN KIRLANGITIS, LISA 2001 THAMES TR COLLEYVILLE TX 76034 6212 PLEASANT RUN RD MCGREGOR, ROBERT M 6115 HUNTER LN COLLEYVILLE TX 76034 6115 HUNTER LN DAVIS, ULLIN D 6316 PLEASANT RUN RD COLLEYVILLE TX 76034 6316 PLEASANT RUN RD PIPES, TODD 6117 HUNTER LN COLLEYVILLE TX 76034 6117 HUNTER LN GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE TX 76051 STATE LAW REQ FRANK RITZ PO BOX 1530 COLLEYVILLE TX 76034 APPLICANT PUBLIC HEARING NOTICES WERE MAILED 11/23/2015 BY TACI WRISLEY November 10, 2015 6212 Pleasant Run Road Lot 1 Block 1 JL 3 Cavalier Estates To Whom It May Concern, When my client applied for a Minor Plat concerning the above property the conditions existed that were favorable and conformed to the City of Colleyville’s requirements needed to qualify for AG zoning. However towards the end of the platting process we were informed because engineering would request a dedicated R.O.W. the property would fall slightly below the qualifying guidelines with respect to total lot square footage. Therefor we respectful request a Zoning Variance with regard to this mater. Please note the property owner is proposing to construct a single family residence on the property and that both the building permit application and all working drawings has been submitted for approval. Respectfully, Frank A. Ritz President Ritz Ventures, LLC