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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-9/12/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Agenda Tuesday, September 12, 2006 7:00 PM City Council Chambers Zoning Board of Adijustment lb,..n- City of Colleyville Meeting Agenda Zoning Board of Adjustment 100 Main Street Colleyville. Texas 76034 (817) 503-1 000 www.colleyville.com Tuesday, September 12, 2006 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL Boardmembers Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky, Larry Knox (Alternate 1), Uton Del/osso (Alternate 2) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES August 8, 2006 5. AGENDA ITEMS 5a A-06-010 - PUBLIC HEARING - Request by Aaron Augspurg for a variance from the regulations of the Colleyville Land Development code regarding front set back requirements on Lot 8, Block 9 of the Highland Meadows Addition located at 6109 Highland Hills Lane 5b A-06-011- PUBLIC HEARING - Request by Oldfield Fine Homes for a variance from the regulations of the Colleyville Land Development Code regarding front yard setback requirements on Lot 1, Block 1 of the Warwick Pare Addition located at 7109 Peters Path 5c A-06-012 -PUBLIC HEARING - Request by Oldfield Fine Homes for a variance from the regulations of the Colleyville Land Development Code regarding front yard setback requirements on Lot 6R, Block 2 of the Warwick Pare Addition located at 7004 Peters Path 6. TABLED ITEMS 6a A-06-00S - PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot 30, Block 1, Riverwalk at Colleyville Addition located at 1108 Guadalupe Court 7. REPORTS AND COMMENTS City of Colleyville Page 1 Printed on 9/7/2006 Zoning Board of Adjustment Meeting Agenda September 12, 2006 s. hereby c rtify the abov ge da was posted on the bulletin boards at City Hall on Thursday, September 7,2006 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyvifle Page 2 Printed on 9/7/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Tuesday, August 8, 2006 7:00 PM City Council Chambers Zoning Board of Adiustment Zoning Board of Adjustment Minutes - Draft August8,2006 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Board member McNosky on August 8,2006, at 7:00 P.M. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Rich Munson, Ed Moore, Dee McNosky, Larry Knox (Alt. 1) Absent Board member Uton Dellosso (All 2) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Boardmember Ed Moore moved to approve the June 13,2006 meeting minutes as written. Boardmember Larry Knox seconded. The motion carried by the following vote: Aye: 6 - Knox, Kenney, Reynolds, Munson, Moore, McNosky Absent: 1 - Dellosso 5. AGENDA ITEMS A-06-00S Public Hearing - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot 30, Block 1, Riverwalk at Colleyville Addition located at 1108 Guadalupe Court Chris Ful/er presented the case and briefed the board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Myung Park, 1108 Guadalupe Court, the applicant, came forward to present the request and answer any questions the Board had. John Tiliacos, 1112 Guadalupe Court, the applicant's neighbor, spoke in opposition to the variance request and stated the structure wil/ take away from the features of the neighborhood. Jim Fletcher, 1108 Nueces Court, President of the Riverwalk Homeowners Association, spoke in opposition to the variance request and stated the applicant has not applied with the Homeowners Association regarding this structure. Myung Park, 1108 Guadalupe Court, the applicant, came forward to answer the questions from the audience. He stated wanting to come to the city first to get permission. Chairman McNosky stated to Mr. Park, it being a good idea to get approval from the Homeowners Association before coming to the Zoning Board of Adjustments. Page 1 Printed on 8/9/2006 City of Colleyvi/le Zoning Board of Adjustment Minutes - Draft August 8, 2006 Board member Ed Moore questioned Mr. Fletcher regarding if Mr. Park came forward to the architectural control committee, would he get approval for this structure? Mr. Fletcher stated the committee would have to get together and vote. He stated not being able to state whether or not he would get approval. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:25 p.m. Board member Skip Reynolds commented there appears to be some opposition to the request and there is not a formal sentiment from the Homeowners Association. He stated not being inclined to vote in favor of this request. Chairman McNosky suggested tabling this item to give the applicant time to go before the architectural control committee with the Homeowners Association and get approval from them first. Board member Ed Moore questioned Mr. Park regarding if the patio will be totalling enclosed? Mr. Park stated it will be entirely enclosed. Board member Rich Munson questioned if any alternatives have been sought to achieve the privacy other than the structure proposed tonight? Mr. Park stated no. Board member Rich Munson stated there are other alternatives that would suit the needs for privacy. Mr. Park stated wanting the structure to look good for him and his neighbors. Board member Lisa Kenney stated an opened structure with a roof, but not completely enclosed would work for privacy, however, these should be discussed with the Homeowners Association. Board member Skip Reynolds made motion to table this request until the September 12,2006 meeting and stated the proposal could be modified. Board member Lisa Kenney seconded. Board member Ed Moore stated not being willing to vote for an enclosed structure. The motion carried by the following vote: Aye: 5 - Knox, Kenney, Reynolds, Munson, McNosky Nay: 1 - Moore Absent: 1 - Dellosso 6. REPORTS AND COMMENTS Chris Fuller discussed with the Board members the need for a workshop, possibly in September to cover the widening of SH26 and other issues that the Zoning Board of Adjustments may need to discuss. Board members agreed and also stated the Sign Board of Appeals has issues that need to be discussed as well. Board members and staff agreed to have a workshop in October, after the new Board members take office, to discuss Zoning Board of Adjustments issues, Sign Board of Appeals issues and the widening of SH26 issues. City of Colfeyville Page 2 Printed on 8/9/2006 Zoning Board of Adjustment Minutes - Draft August 8, 2006 7. ADJOURNMENT There being no further business before the Zoning Board of Adjustments, Board member Ed Moore moved to adjourn. Board member Lisa Kenney seconded the motion. Approved by acclamation at 7:43 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 3, 2006 by 5:00 P.M. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 8/9/2006 . lC"a'io City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Agenda Date: 09/12/2006 Requester: Community Development Department File Name: A-06-010 - PUBLIC HEARING - Request by Aaron Augspurg for a variance from the regulations of the Colleyville Land Development code regarding front set back requirements on Lot 8, Block 9 of the Highland Meadows Addition located at 6109 Highland Hills Lane Attachments: Application . List of Property Owners Notified . Exhibits. HOA Approval Letter Agenda No.: Sa Controlling Body: Zoning Board of Adjustment Final Action: History of Legislative File Version: Date: Acting Body: 1 09/12/2006 Zoning Board of Adjustment Title A-06-010 - PUBLIC HEARING - Request by Aaron Augspurg for a variance from the regulations of the Colleyville Land Development code regarding front set back requirements on Lot 8, Block 9 of the Highland Meadows Addition located at 6109 Highland Hills Lane Explanation STAFF REVIEW AND COMMENT ASAP Fence Company, on behalf of property owner Aaron Augspurg, has applied for a variance for a residential lot located at the southeast corner of High Gate Drive and Highland Hills Lane. The applicant is requesting a variance to construct a gated fence across portions of the front and rear yard building lines. The subject property is a corner lot, with a 30-foot front yard building line along High Gate Drive and Highland Hills Lane. The front of the house faces Highland Hills Lane. There is an existing wood fence along the southern property line and an existing wood fence along a portion of the eastern property line. The owner proposes to continue the wood fence along the eastern property line, toward High Gate Drive, approximately 20 feet into the 30 foot setback where it would attach to an iron pillar. The applicant then proposes to construct a six foot tall wood fence to the driveway where it would attach to an iron pillar next to the driveway. A black wrought iron gate would extend across the driveway. The wood fence would then extend approximately 37 feet from the driveway toward Highland Hills Lane where it would attach to an iron pillar. From the iron pillar the fence would extend to the house. An exhibit illustrating the proposed location of the fence is attached. City of Colleyvil/e Page 1 Printed on 9fl/2006 Agenda Briefing Continued The home owner has provided documentation stating that the Highland Meadows Homeowner's Association has reviewed and approved the proposed fence and gate location. 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. Section 3.26.0 of the Land Development Code restricts the location and design of fences located in corner side yards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30'1 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: 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 Section 3.26.D of the Land Development Code states that fences on corner lots should not be closer to a property line than the required front yard setback of an adjacent lot. The purpose of this requirement is to ensure that the setbacks along the streetscape are consistent and that visibility remain open for lots that are adjacent to corner lots. The adjacent lot has a 30-foot front yard building line. By proposing construction 22 feet into the side yard building line, the proposed wood fence location would exceed the adjacent lot's 30-foot front yard building line. An exhibit illustrating the proposed location of the fence is attached. Public Notification. Staff mailed notices to 20 property owners within 200 feet of the site. As of this writing, staff has received no written responses regarding the variance request. CONCLUSION It is the opinion of staff that special circumstances do not exist for this property. Staff concedes that a number of properties within the subdivision utilize gated entries, however the majority of the gates do not encroach into the setbacks. Approval of the variance could be aesthetically detrimental to the adjacent properties as the fence location will effect the streetscape along High Gate Drive. While staff agrees that the location of the gate across the driveway may need to encroach into the setback in order to provide adequate distance to turn into the garage, staff contends that the distance can be less than the proposed 20 foot encroachment. Should the Board vote to approve the request staff recommends that where the fence encroaches beyond the setback line the fence shall be constructed with no greater than twenty-five (25) percent solid construction. A fence constructed of wrought iron, or similar non-opaque materials, would provide the necessary enclosure while allowing City of Colleyville Page 2 Printed on 9fl/2006 Agenda Briefing Continued for an open streetscape. Additional information that may become available at the public hearing may effect or even change the following staff recommendation. Recommendation Denial City of Col/eyville Page 3 Printed on 9fl/2006 I '""4 ~ r- ~I o z x 8!. ~l ~I ~ xJ 1--1 ~ ,(I) I- o o z (I) c: o .r;; C- (I) ~ 1(1) > .. a:J C (I) i I I~ l~ I ~ ~I' ,I~ ~<tii<:J' .:... I 0 ~ "";1 <<;>1 ~ ~- 3 <J 1 - </)' I i () ,1- <"'b ! Cri <:r' 1-t1~~~ ... I '71 CI) I ~ ~~~ I ..J- (/) I~e:: (/) I owe:: 0.. (I) l::;o..W (/) ~.... Q.oZ (/) :g ~~e::~ ~ . < C3 0..0"0 . ~ (I) "0 o () a. N c: Ig If! ,~~ (--1 ~ ~. (I)' "-, j .a :: . a:J C c: - .21 :: en : (p 0: c: . ~ ~ ~ o :: ::J III I a. '0 to i 11~~:~i o - 0 C III I tIC) :: _ E a:J .a :J ::J "0 10 :~ ~ "0 C .5 8c 38 _l\I -u Q.- Q.- 11I8: .!III ..10 c~ .!i!'Q 10 C -- 10 C ::JQ eiii Q) e co2 ~.8 ~& 8.:1 ~" Q.C GI 0 .r:.u ...: ~ 5 o C o .!! C GI e Q "2 ~ oX U '11I S , ~ ~I I ,4 "I y;J ~ 4! ~ ~ ~ _ ~ a:J I ..;,1 ~ .~ I ~ en 0 ~I~ ~ ~ ~1.-,:>1 I 0 ~l'i I~~ 0 ~ ~~I I ""dc-. ~ <I.r" ~ ~ ~ 'l i ~ g I f~~~~ j~_~ ~ 8- 4-- ~ '5 c; .c 1ii . cu (I) . .... C- o2 g- o "0 c: (I) .~ a:J 'e- 8: -g a. cu Ii: :J :J g, g. ~ (I) a:J > J: ~ c: o .. a:J (,) o ..J .... o (/) (/) ~ "0 ~ c: o :;::l C- .;:: (,) (/) (I) o 0> .~ c: o N .... o (/) :J :rg (J) - - (I) c: ....(1) a:J (I) 0> (/) Ci5 .3 ~ a.. REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to outline fully the situation 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. (t T ()~-lfljWJ+"1 -Iv bCA..' ~CL.-_ .~~ ~~ ~ A1t4'~Q.y\J oJt.l-l'fQ.'t} -b ~ ~^J,.:?f- fJi~#l'f) __~__a~",',,- Vujj{,..~~~b,,(..f ~u. (Afre.J 10. -tla~~- J p~ eflsCJ ~~Ifl ~ S1- C "" .dJ-----J-~fl (&r ~ dr; rQ-lA.K) fo tf'\.cle.f.tl---fh &4< 01 "" j "_"-C-<" 2. Do similar conditions exist in the area? Explain. _-'~~_~ ~"/ I __~ .;U ~ N.~ ctqcJ'f -Jk-sJ'{~~ \ kOJ . ~---1'-J~-f,o <-eo: L~.f- of ,^OvV 1b- fi."CJl tAl/'ll I,~ .. (Y\ ~~_~_.-fJ~. . . 3. Describe how the unique conditions or circumstances do not result from your actions. _-I_f\.. cy k___ -k_~t.~_~ ~~J---~ ~LASt bu. ,. J Ov-U ~_..s.~___ ~J_LlL~_._I,'M k___~&~)~__~+-~t-k )t6/J ---b-~;~I.V~__ -111.4"lt'V'J__..21~J~__ ~,,~,[~()c/~-/~ "'-4%0l #f'eV~ ~-.-AY\~ tf__ 4. Is there any way to do what you want without this request? __.Li1.~,-- 1fe-- _kV\.c..( ; S '^r..~___ --- e+s----~~L4Yt4r__~----TD-~C-~,'~--~"'h J'k-J---....h--h 3 dl' oj_~ --~~--!-~~-~-l----jJ:J--~ _J.t~ 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 Date <6toJO& A-06-010 Brittan, John A Etux Lynn A 2101 Highland Meadows Dr Colleyville, TX 76034 Franklin, Carl E Etux Edith L 6200 High Gate Ct Colleyville, TX 76034 Hassell, Joe B Etux Tracy 6201 Highland Hills Ln Colleyville, TX 76034 Jolley, James Etux Debra 6200 Highland Hills Ln Colleyville, TX 76034 Ungaro, Glen D Etux Arlene V 6107 Highland Hills Ln Colleyville, TX 76034 Aaron Augspurg, applicant 6109 Highland Hills Ln. Colleyville, TX 76034 List of Property Owners Notified Baker, Edward L Jr Etux Doris 6106 Highland Hills Ln Colleyville, TX 76034 Brown, Chad V & Amy R 2101 High Gate Dr Colleyville, TX 76034 Graham, Robert G Etux Anita S 6203 Highland Hills Ln Colleyville, TX 76034 Hendler, Richard J Etux Lynn T 2100 Highland Meadows Dr Colleyville, TX 76034 Kinch, Everard M 6202 Highland Hills Ln Colleyville, TX 76034 Angers, Alan K Etux Marjorie L 6104 Highland Hills Ln Colleyville, TX 76034 Aaron Augspurg, applicant 6109 Highland Hills Ln. Colleyville, TX 76034 Barnett, David William 6108 Highland Hills Colleyville, TX 76034 Cummings, J P Etux Jacqueline 2103 High Gate Dr Colleyville, TX 76034 Gunn, Howard J Etux Donna A 6105 Highland Hills Ln Colleyville, TX 76034 Hoying, Gary Etux Kathleen M 6109 Highland Hills Ln Colleyville, TX 76034 McCann, Patrick Etux Suzanne 6202 High Gate Ct Colleyville, TX 76034 Aaron Augspurg, applicant 6109 Highland Hills Ln. Colleyville, TX 76034 Highland Meadows HOA Ray Spath, President 6309 Connie Lane Colleyville, TX 76034 r.. '{l k CJ... c\u- ~J ~ VJ6AlJ. ~t\<<- ~1 ~'-t~I\ 1-. &' W~de.. S<<+;et'\S . p~ A ..---... rV~ CS~ ~ ~ 3 ~C:; ~l l I ( ~~. ~ ~ f . "- ~ .tl\ ~ 4b.O . "---..----. . uo--__G:.2IQ <J 9'- -~~ ~. , '...... l '7(,.( ~'''-o.., E 't.i s,y.'^~ F-ft8~~' J(t sec.f ,'I1>"..J' .... ~:t:~ ~ I .. ., _ ! {i.I........,:;... qa,.o ~oo_ 11,' P..f v.e. , '. t ,4.11" . i i- i' cac:..t::- 0ilI..e. ,i A'1.; f qq.. I ....... ,1 I > I , Q( ;:: ( ... 1 E.tfi"r.3 ':$(f'$;lf'--J~ \.. .\... ~._ --* \\' \ \ ~et.----- - ~. CAUC >>IlJL \ --- ~ o ~ 'I!?: CJ.---1 RECEIVED "--'Al1ti-l 0 2006 HflkPLlWD JlIUb I..JAtr D... " Ii ,~ 11 II .. ~I '. .... JlIl E, ARNOLD SUBDMSION "Vol. 388-t84-. P,. 60 8Ck1~.e. . .__ ! .-=:-..- -~~~ ~. }~ -'I ... ~ ~ 0'" I ...m . = - c a ~ -c CD Ii i! g I . o .... L. ~ " ~ it TWO_ - ~ . - CI l!l l'i au iii. ~. ~l -t.. I ~ -- t4.lJ" ....... ..,. -~ . . ....... 8109 HIGHLAND HILLS LANE ~:> " , ' a; . .. ~ l'- e--. o ~ ~ ~ ~ ~ '. I s I lilllt r !!J~ 11: !J11!f'i ~~!l!i!t ~ l;' :/. __ I. . J. ' Ii! j J I !:~tJi!l1 ! iJ,"I,' .1'" h ", 1..1 !;laig t i ~ I PLEASE SUBMIT IN DUPLICATE Highland Meadows Homeowners Association . Architectural Control Committee Appllcatloll for Approval Name: . A o..fo^ -b A~_qW'j J S 1-.t1.VI. e. Street Address: Home Telephone: A otu.. Work Telephone: General Description of Proposed. Change and/or improvements (Please attach detailed plans and drawings) ~ hA.uL ~,^~ed PlAA A O/' PIllA JLA.h. A Gltll.s ~ L.J b....,t.u Ctll...IftA.( Os. . Th. J(."'s,'tJ,, 1,,(,; /I J,t.. b A~J t1t\ '.'d ~ ez .t,c ?tJ.-t r. . Plc:n. B b".,.e&. c,lIl~1'f ~ ~S,J4c.; <I\+,'cM o.~'lJ~(~ I, OrA E~s..\ 5tok~.f. ~ I e't.~w tt.l\t(... '3;),' ~;,.., ~ a,\S-4-ill}Q k~(;(!.. JU\.u- '-'Ii It I'1b\ /)t;,,,(dt f11 #:,1. ('~e- /:Jriv(..'" wilf ~(, ~ tte. el,' st'^ce. -H~ ~tM.{~ ~ ~ G~'. Af.d('i~w.(1 I Ute. ",,:t( ..~r"""lIa.wroc.c...~ r(f:K e1t.c~"c e. F~. "",at Ja...J uJ' ...ce.. \M' c:Io'\ . Wes: 'Ih\,. Ft,.." w;Il' bet. ce..J(},. (..ffo.tk.l IttUA~J dA bd~ w~ ~Jt.". dC"W"J "6 V'f. ~ ~:Il be. " .J.ll ~l/~~) ,^#+- ~ e~ ~ 7' ~I/. Statement of Understanding Or. c.k pfeil ~S ,",,;1\ "".r..f1.I1 hCM.f-'L 14(. 'Ll<. I understand that the proposed change or improvement must be approved by the Architectural Control Committee before commencing work. The committee's review of the plans will examine only the plan's compatibility With the deed restrictions of our association. The committee will not review or render an option as to the structural integrity or feasibility of any part of the plan. I am responsible to insure all proposed improvements are in compliance with local and state ordinances and that appropriate permits and approvals are obtained from the city of Colleyville. Tarrant County, or other apprOPriat7Vovemm t agency. Signature: ~ Date: 6 J d q / (J (, FOR C~!ITTEE USE: Initialsf.tlL Initials _ Signature Approved with Conditions_ Daie: fll/tJ6 . 'lbia'io City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com file Number: file Type: Case Status: Board Public Hearing Controlling Body: Zoning Board of Adjustment final Action: Version: 1 Agenda Date: 09/12/2006 Requester: Community Development Department File Name: A-06-011- PUBLIC HEARING - Request by Oldfield Fine Homes for a variance from the regulations of the Colleyville Land Development Code regarding front yard setback requirements on Lot 1, Block 1 of the Warwick Parc Addition located at 7109 Peters Path Agenda No.: 5b Attachments: Application . List of Property Owners Notified . Exhibit. Plot Plan History of Legislative File Version: Date: Acting Body: 1 09/12/2006 Zoning Board of Adjustment Title A-06-011- PUBLIC HEARING - Request by Oldfield Fine Homes for a variance from the regulations of the Colleyville Land Development Code regarding front yard setback requirements on Lot 1, Block 1 of the Warwick Pare Addition located at 7109 Peters Path Explanation STAFF REVIEW AND COMMENT Oldfield Fine Homes is the owner of a lot located at 7109 Peters Path in the Warwick Pare Addition. The applicant is requesting a variance to construct a gated fence across a front yard building line. The subject property has a 30-foot front yard building line along Peter's Path. The owner proposes to extend a stucco wall from the house approximately 10 feet two inches into the 30 foot setback where it would attach to a brick column. A gate would extend across the driveway. The wood fence would then extend away from the street along the property line toward the house. Exhibits illustrating the proposed location and material of the fence are attached. 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: 10ft. City of Colleyville Page 1 Printed on 9n/2006 Agenda Briefing Continued Rear Yard: 25 ft. Section 3.26.D of the Land Development Code restricts the location and design of fences located in front yards. The regulations restrict the height of the fence to 30 inches, and the fence must be constructed of not more than twenty-five (25) percent solid construction. This regulation is intended to prevent fences from blocking the view of motorists on adjacent roadways of cars or people exiting the property. It is staff's opinion that the proposed fence and gate do not pose a public safety threat nor do they cause a negative impact on adjacent properties as the majority of homes within the subdivision utilize gated driveways. There are several homes within the Warwick Pare subdivision that are constructing similar fences and gates. At this time, no fence permits have been issued. A review of the permit files revealed that the fence location was not shown on the plot plan but in some cases may have been shown on the floor plan. A plot plan illustrates the building footprint on a lot and ensures compliance with the setbacks. A floor plan labels the various rooms within a structure and is reviewed for building code compliance. The fence location should have been shown the plot plan, as it has no bearing on the floor plan review process, and should also have been submitted as a separate fence permit. Staff is in the process of notifying the existing home builders that approval of a variance by the Board will be required prior to the issuance of a Certificate of Occupancy. Public Notification. Staff mailed notices to 11 property owners within 200 feet of the site. As of this writing, staff has received no written responses regarding the variance request. CONCLUSION It is the opinion of staff that special circumstances do not exist for this property. However, staff concedes that the majority of properties within the subdivision utilize gated fence entries and approval of the variance will not be aesthetically detrimental to the adjacent properties. This type of fencing appears to be consistent with the character of the developing subdivision. While the gate may need to be off-set from the property line in order to provide adequate distance to turn into the garage, an encroachment of less than 10-feet may be adequate. Staff is considering an amendment to the Land Development Code to address gated entries on residential lots where the fence encroaches into a setback but does not exceed a maximum distance and does not extend across the entire yard. Additional information that may become available at the public hearing may effect or even change the following staff recommendation. Recommendation Approval City of Colleyville Page 2 Printed on 9fl/2006 ~.'. ".'. ~~ 1"'0... ZONING BOARD OF ADJUSTMENT . APPLICATION FOR VARIANCE City of Colleyville 100 Main Street Colleyville TX 76034 817.503.1050 + APPLlcANT12\<l1+c\~ "t1Y\1-., ~,S ___ Telephone No. eI7-qtt2-'~~NO. ~)7-9L)2-80 Address JbOO ~A- .~~ ~~ '0'1 "E.!'tP..k. &ll 8\)-B1-b -"2.0'70 City ~ \-h \CXi\4.. .r ~ State TWo S Zip Code ") , ~2- Applicant's Status: (check one) c:(" Owner ctf{epresentative a Tenant + PROPERTY OWNER Telephone No. Fax No. Address City Ownership Status: (check one) A~ a Individual _._~_____ State ___~_ Zip Code a Trust a Partnership a Corporation 8 -/.., -0 "- Applicant Signature Date Owner Signature Date The property owner mustslgl) the application or submit a notarized le~r of authorization. Please Initial the acknowledgments on the second: pamt beforeslg"r"g fhIS.ppm:atiOI). PROPERTY INFORMATION 7'09__r~~._'P~ legal Description L.o1 , Th~ _..L Wa~ c..L _fu<~ .~__ Present Zoning \2e;i~>na.\. _ _ Present Land Use .~~~<:k\>\'\=\J.... Status of Project: a Proposed ~nder Construction a Existing Have you applied for a building pelTllit? llt'Yes a No Have you filed an appeal. or p~titi()11 on tbis property before? 19"No Street Address or location BOARD OF ADJUSTMENT OFFICIAL USE ONLY aYes Case Number A~... 011 Hearing Date ~- Action o Approved (J Approved with Conditions (J Denied Conditions ._____..____._H__._._____._._~____~__.__.___.__.__._._._~_. _~__M____.. --..-_.__~___._~_.._.___~__.w____.__........___ Zoning Board of Adjustment Chair Attest: Zoning Board of AdjUstnRtIecNm AUG 1 .. l006 f'tnr .-"._....... ZONING BOARD OF ADJUSTMENT APPUCATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as~lble.Fall"re to outline fUlly the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached Ii necessary. 1. COIllPle. telydescribe the variance you are requesting..~~~ ~~I1<n. :\" \sui t~ ~ ~f\G(>{(J \ 2" " Yl\o ~ ~d bu!' lA~ .. Leav~V\Q. \9' \ () \\ -\0 ~. '?~"'v \AY'L- 0 2. Dosirnilar conditions exist in the area? Explain. ~< . .o:\')i)eV ~~~~~. \~ ~:~ LJ~:- ..::-~a":"~~'d b.:M, .~'X. ~ 3. Describe how the unique conditions or circumstances do not result from your actions. ~ ~O' QI('<G.. 'ou'\~ Jkc ~\ ~ .fl.l.h)('{..~~~ q~I~__~ ~__M~V>~ -\-c ~__w;n ~-----i'C1 ~P\~ .'f~ 1:wv... ~\r ~ ~..ra.~ o-r 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 lam 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 shaU 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 jj~ Date 8....11.(~ ~ RECEIVED AVG 1 42006 APPUCATION FOR VARIANCE CV -tt1Q(DECEM8ER 2003) r8r .............. A-06-011 Poe, Jo A 7016 Shalimar Ct Colleyville, TX 76034 St Mary's Coptic Orthodox Ch 1110 John McCain Rd Colleyville, TX 76034 Whites Chapel Joint Venture 411 Harwood Rd Bedford, TX 76021 Oldfield Fine Homes, applicant 1600 Hart St., Suite 104 Southlake, TX 76052 List of Property Owners Notified Genco, Frank R Etux Natalie 1104 John McCain Rd Colleyville, TX 76034 Roberts, Duane R Etux Ann E 7004 Shalimar Ct Colleyville, TX 76034 Stevenson, Barbara J 7109 Cedar Ct Colleyville, TX 76034 Branson, Henry Dr Etux Sharon 7012 Shalimar Ct Colleyville, TX 76034 Oldfield Fine Homes, applicant 1600 Hart St., Suite 104 Southlake, TX 76052 Hooper, Jeffrey L 7008 Shalimar Ct Colleyville, TX 76034 Shalimar Homeowners Assoc PO Box 423 Colleyville, TX 76034 Tirk, Joe V 1008 John McCain Rd Colleyville, TX 76034 Oldfield Fine Homes, applicant 1600 Hart St., Suite 104 Southlake, TX 76052 OJ rr or O-t 7\0 o~ ZE -t" o 1) Exhibit r - ( J J . G\ l> -t m - -rr I U-UUJ ,. l ~f= 1 1 +-;u..jJ"hf'lr ~ " :: I ' ~ Iltr "r.t" ~ -IT ---, I ~f==11 ~ ~ ~~E == ~\ - - ~\ - - - ~! - - - .4 ~E ~~~I ~J -'--1 __ .~ ~ - ~ - --l _ _ - --I ~ - -1__ - ----l__ - --- - -1--_ - - - - ~~ ~~ ~- LW ~ =-------.,U -=1 .--- II I 'I~ i I=f-l d I 'J..u I'Pn~ 1111 1- I ~ I='~ IQ il'1, 'hH! '"C.II IIIn::H I . C. I I - ~ 1) m Al OJ r \J Al 1)\J~ mOJ 0 lUr-z OJAlm rOO \JEO IUrr '0 O-t 7\C) -1 E " I , ,', I , Plot P an - I I I II I I I I " I I - I I -T.. l IF== I~ I~ = ~I ~I IQ !: -' - , II II I -r~ I !: QI L-.Jt s\o-cU>~ to\\4W.~ ~ ;~ g::r I I I L I. 1 I I NOTE: I ~L:J~ BRICK LINED _ CONe. WALK CONe D~fYE I I 113.001 l[) o "-... r--- o "-... o ..- 11(2)<j PETER'S PATt-1 ..- I Distinctive Dwellings D1Jpell in tile possil1ili'lies ~ I. .2~1 LOT. ' Bl..0CK 1 IUARIJICI< PARe C()I..lE"('Vtu.e, TX OLDFIELD ~I~ FEDl'N1cH J;!EOIDENCE 3/tJ3/e6 rn (f) I- ..- o n::: <{ ~ 11~ Main SUcet Suite Z77 SouthIake, '1bu 'KJ09Z t. 817 481lZ49 J 8174168773 3: n::: <{ 3: * Builder fawner to verify and check all aspects of this site and plot plan prior to any construction Joe · e6a& rt'x~" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Controlling Body: Zoning Board of Adjustment Final Action: Version: 1 Agenda Date: 09/12/2006 Requester: Community Development Department File Name: A-06-012 -PUBLIC HEARING - Request by Oldfield Fine Homes for a variance from the regulations of the Colleyville Land Development Code regarding front yard setback requirements on Lot 6R, Block 2 of the Warwick Pare Addition located at 7004 Peters Path Agenda No.: 5c Attachments: Application . List of Property Owners Notified . Exhibit. Plot Plan History of Legislative File Version: Date: Acting Body: 09/12/2006 Zoning Board of Adjustment Title A-06-012 -PUBLIC HEARING - Request by Oldfield Fine Homes for a variance from the regulations of the Colleyville Land Development Code regarding front yard setback requirements on Lot 6R, Block 2 of the Warwick Pare Addition located at 7004 Peters Path Explanation STAFF REVIEW AND COMMENT Oldfield Fine Homes is the owner of a lot located at 7004 Peters Path in the Warwick Pare Addition. The applicant is requesting a variance to construct a gated fence across a front yard building line. The subject property has a 30-foot front yard building line along Peter's Path. The owner proposes to extend a two foot in height, brick wall from the house approximately six feet six inches into the 30 foot setback where it would attach to a brick column. A gate would extend across the driveway. An approximately six foot in height, wrought iron fence would then extend to the property line toward the house. Two exhibits illustrating the proposed location and material of the fence are attached. 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: 10ft. City of Colleyville Page 1 Printed on 9/7/2006 Agenda Briefing Continued Rear Yard: 25 ft. Section 3.26.D of the Land Development Code restricts the location and design of fences located in front yards. The regulations restrict the height of the fence to 30 inches, and the fence must be constructed of not more than twenty-five (25) percent solid construction. This regulation is intended to prevent fences from blocking the view of motorists on adjacent roadways of cars or people exiting the property. It is staff's opinion that the proposed fence and gate do not pose a public safety threat nor do they cause a negative impact on adjacent properties as the majority of homes within the subdivision utilize gated driveways. There are several homes within the Warwick Pare subdivision that are constructing similar fences and gates. At this time, no fence permits have been issued. A review of the permit files revealed that the fence location was not shown on the plot plan but in some cases may have been shown on the floor plan. A plot plan illustrates the building footprint on a lot and ensures compliance with the setbacks. A floor plan labels the various rooms within a structure and is reviewed for building code compliance. The fence location should have been shown the plot plan, as it has no bearing on the floor plan review process, and should also have been submitted as a separate fence permit. Staff is in the process of notifying the existing home builders that approval of a variance by the Board will be required prior to the issuance of a Certificate of Occupancy. Public Notification. Staff mailed notices to 11 property owners within 200 feet of the site. As of this writing, staff has received no written responses regarding the variance request. CONCLUSION It is the opinion of staff that special circumstances do not exist for this property. However, staff concedes that the majority of properties within the subdivision utilize gated fence entries and approval of the variance will not be aesthetically detrimental to the adjacent properties. This type of fencing appears to be consistent with the character of the developing subdivision. While the gate may need to be off-set from the property line in order to provide adequate distance to turn into the garage, an encroachment of less than 10-feet may be adequate. Staff is considering an amendment to the Land Development Code to address gated entries on residential lots where the fence encroaches into a setback but does not exceed a maximum distance and does not extend across the entire yard. Additional information that may become available at the public hearing may effect or even change the following staff recommendation. Recommendation Approval City of Colleyville Page 2 Printed on 9/7/2006 ~~ T'e... ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 100 Main Street Colleyville TX 76034 817.503.1050 . APPUCANTmA~\at~ \~M\ Address I' 00 Ibr-t ~\-rre\- -Gv;k ln4 City ~~k- -' Applicant's Status: (check one) l!t6wner a Representative . PROPERTY OWNER Telephone No. 81 )-lJ~ G~?(a)Fax No. SI")---lfl/2 -S?5Q ~k u\\ '8n-~~( -7/b"/0 State 5~t;::\s Zip Code /wf2- a Tenant dJ/:;cJil'1w I~ . Telephone No. '%n-'B9<~)OiCl=ax No. se-e. ~ Address City Ownership Status: (check one) ndividual State a Trust a Partnership Zip Code a Corporation Applicant Signature ~- 1'-'-0'- Date Owner Signature Date The pro.,.rty. owner must sign the application or submit a notarized letter of authorization. Please Initial the acknowledgments on the second ~ge before signing this application. PROPERTY INFORMATION Street Address or Location 7 a:)q p~vs \=> ~ Legal Description L~ b ~ ~\-o.vv. 2- rJ{} tv; ~ Pav\. Present Zoning ~<:k~ cJ.. Present Land Use ~c)l Status of Project: (J Proposed ~nder Construction a Existing Have you applied for a building permit? r:!I"Yes a No Have you filed. an appeal or petition on this property before? ~o aYes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number fl1:1o., 0 ,. '2... Action a Approved Hearing Date a Approved with Conditions a Denied Conditions --------------------------------. Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to outline fully the situation by answering these questions could cause unnecessary delay In evaluating your appeal. Additional pages may be attached if necessary. 1. Completely describe the varianc~ you are requesting. ~~~ .(eY\k- 1fI)( ~\ 6\)C 'Inc.,~ Ov-t,.. ~ U 23' €. l, '.kL~~ (A~ fev-~\~ ~ b~\.cl__ bu\ld \'W\.L. L.eQ"\~ o 2. Do similar conditions exist in the area? Explain. Yes a.:J:::hu: ~~~S V\n~ .-Jd@.rW)Ql-~ ~l~ hOl~ b:J..t:: ~~ tl~ e- AV\{ft.. ~ dv1~.~ 3. Describe how the unique conditions or circumstances do not result from your actions. ill... -\\r-. .~~ ~ ~() t+. kuilil 4. Is there allY way t~ do what you want without this request? -( ~_ji._ K'-<- _.~h~ JlJo...'1 h. do ~ \ ~ ~~-_!bA~--\f~.aY\.~-~~.-wll_._V-bL~__..~__-\n....::bL~~ ~u\-<. 11V"C".V~<L.~ p(;.~~.__i~ ~-Fo/:-------- 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 f.J~ Date ~ 4-cP APPLICATION FOR VARIANCE cV - 410 (DECEMBER 2003) A-06-012 Oldfield Fine Homes, applicant 1600 Hart St., Suite 104 Southlake, T)( 76052 List of Property Owners Notified Whites Chapel Joint Venture 411 Harwood Rd Bedford, 1]( 76021 Oldfield Fine Homes, applicant 1600 Hart St., Suite 104 Southlake, T)( 76052 Oldfield Fine Homes, applicant 1600 Hart St., Suite 104 Southlake, 1]( 76052 ~ ....~ ~ (i'\ J> -l m -'0 m iU 01 r o iU ~ .\)\ -n _rn ,'';'''' fi "m ~I) t m , 01 0"\5 -;70 Exhibit 1)01 miU iUR 0l7\: rE O,J> 70:= -l o ~ G-- E --.. ~ ~ ~ f'J ... I)() mm JUO 0lJ> rjU O(i'\ JUJ> iU ~ m o 8 ~ 2~ rO Rffi 7\:iU J>8 Ole <jU '(j> m €! o 2 01 r m ~ ~ o () 7\: CD (/) I- 0J I n:: to u n:: <( ~ \1256 Main 8m:et Suite ?:T1 SOutbIab, 1CDs 7609Z . I. 817 4811Z49 t 817416 m3 ~ n:: <( 3: to o ........... to o ........... o .- I - - . I I I Plot Plan ~I -il I~ (Q an ~I an c c I I -' I I L___ 30'6L -' . A..-1I ... ...... c,'w:J"I(\ ~1""'~ .~ u. t.,\~~. ,~ . () . NOTE:A('~~~ ALL FL~~ eRldl LINED, AS REa D 'Z.. ~' \ -' 114.30' 1004 PETERS PATt-i Distinctive Dwellings Dvell in tile possilJilities ~ 11.21>' LOT 6~ eLOCK2 WAFaUIcK PAf!aC COI..l.EYVtLLE, TX OLDFIELD FINE Ma1E& UE&~ ~&. 111tD11f$ * Builder fOwner to verify and check all aspects of this site and plot plan prior to any construction City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Controlling Body: Zoning Board of Adjustment Final Action: Version: 1 Agenda Date: 09/12/2006 Requester: Community Development Department File Name: A-06-008 - PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot 30, Block 1, Riverwalk at Colleyville Addition located at 1108 Guadalupe Court Attachments: Application . List of Property Owners Notified . Revised Exhibits . Letter Received Agenda No.: 6a History of Legislative File Version: Date: Acting Body: Action Text: 1 08/08/2006 Zoning Board of Adjustment 1 09/12/2006 Zoning Board of Adjustment Title A-06-00S - PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot 30, Block 1, Riverwalk at Colleyville Addition located at 1108 Guadalupe Court Explanation UPDATE 9/12/2006 The Board tabled this item at the August 8, 2006, Zoning Board of Adjustment meeting in order for the applicant to seek approval of the request by the subdivision's Architectural Review Committee. The applicant has provided a revised request for the Zoning Board of Adjustment to consider. The applicant did not provide information regarding the subdivision's Architectural Review Committee. The following is a summary of the revised request. SUMMARY & COMMENT Myung Park is the applicant for a variance request regarding a lot located at 1108 Guadalupe Court in the Riverwalk at Colleyville Addition. The applicant has applied for a variance to encroach into the rear yard setback in order to extend the existing patio. The original application had requested to extend an enclosed patio room, whereas the revised request proposes an extension of the patio roof. The subject property has a ten (10) foot rear yard setback. The owner is proposing to City of Colleyville Page 1 Printed on 9/8/2006 Agenda Briefing Continued extend the roof of the existing patio approximately eight (8) feet into the rear yard setback. The patio ceiling would be supported by two columns. Information provided by the applicant states that the purpose of extending the patio into the rear yard is to screen the interior of the existing home from the adjacent two-story home. The applicant has provided information to staff stating the second floor of the neighboring house overlooks the backyard and has an unobstructed view into the interior of the house, including the living room, kitchen area an d master bedroom. The applicant asserts that the extended, patio roof will provide privacy from the adjoining property. If the variance is approved, there will be approximately two (2) feet between the patio roof and the rear property line. The property is zoned PUDR-Planned Unit Development Residential. The setback regulations for this zoning district are established by Ordinance 0-00-1210: Front Yard: 20 ft. Side Yard: 2 ft. (one side) and 8 ft. (other side) Rear Yard: 10ft. Public Notification. Staff mailed notices to the 28 owners of property situated within 200 feet of the applicant's property. At this time, staff has received one written response 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 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 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 Ordinance 0-00-1210. City of Co/leyvifle Page 2 Printed on 9/8/2006 a> "8 () 0- N ~ Z I- a> ~ m 0 o Ci5 .s::. 0- a> {E. II) II) ~ "0 :z:. ;e C3 - C > ; II) ~ 0- a> a::: o o z X c o .s::. 0- a> Q) l- I ~ w z ~ o ~ ii ::J ;:I m :s C tl C) 1/1 en : Q; 0:: ~ ~ 0- III :c "C a> e .8 _ a> - ,g c i (f) 'i '0 a. .. 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A-06-008 Davidovich, Greg Etux Tina 1116 Nueces Ct Colleyville, TX 76034 Didarali, Nizar Etux Muneera 1120 Riverwalk Ct Colleyville, TX 76034 Glaze, Tammy K Etvir Wm L 1105 Guadalupe Ct Colleyville, TX 76034 Looney, Karla E 5109 Oak Timbers Ct Colleyville, TX 76034 McCollum, Ana Etvir Gregory E 1117 Guadalupe Ct Colleyville, TX 76034 Owens, Angela Etvir Gregory 1108 Riverwalk Ct Colleyville, TX 76034 Richmond, Lester Jr 1112 Nueces Ct Colleyville, TX 76034 Silvey, Steven S Etux Lou R 1113 Nueces Ct Colleyville, TX 76034 Tran, Binh Etux Bich T 1120 Guadalupe Ct Colleyville, TX 76034 Myung Park, applicant 1108 Guadalupe Ct. Colleyville, TX 76034 Delgado, Mark Etux Jody 1104 Riverwalk Ct Colleyville, TX 76034 Ducey, Christopher Etux Lisa F 1109 Guadalupe Ct Colleyville, TX 76034 Keith, Philip L Etux Marilyn N 1112 Riverwalk Ct Colleyville, TX 76034 Lunday, Gregory W 1109 Nueces Ct Colleyville, TX 76034 Murchison, Paige Etvir Howard 5105 Oak Timbers Ct Colleyville, TX 76034 Pham, Hung Etux Tina Trang Tra 1116 Guadalupe Ct Colleyville, TX 76034 Rojas, Ricardo Etux Kimberly 1117 Nueces Ct Colleyville, TX 76034 Stevens, Jeffrey 1105 Nueces Ct Colleyville, TX 76034 Tran, David T Etux Phuong-Cue 1121 Nueces Ct Colleyville, TX 76034 D R Horton Texas Ltd 1901 Ascension Blvd Ste 200 Arlington, TX 76006 Dibella, Peter & Sheryl PO Box 932 Colleyville, TX 76034 Fletcher, James R Etux Joyce K 1108 Nueces Ct Colleyville, TX 76034 Langston, Edward R 1113 Guadalupe Ct Colleyville, TX 76034 Lyons, Joseph F 1100 Guadalupe Ct Colleyville, TX 76034 Nguyen, Tuan Quic Etux Kim Thi 1116 Riverwalk Ct Colleyville, TX 76034 Pursley, Janet 0 & Bennett Joe 1104 Nueces Ct Colleyville, TX 76034 Ronin, Gennady Etux Svetlana 1104 Guadalupe Ct Colleyville, TX 76034 Tiliacos, John Etux Jacqueline 1112 Guadalupe Ct Colleyville, TX 76034 , Riverwalk @ Colleyville HOA Jim Fletcher 1108 Nueces Ct. Colleyville, TX 76034 1108 Guadalupe Ct., ColleyviUe, Texas 76034 Community Development Department City ofColleyville cc: Zoning Board of Adjustment (ZBA) 100 Main Street, Collcyville, Texas 76034 Dear Members ofZBA at Colleyville; August 31, 2006 As a resident as well as a predate your dedication and contri prepared for the second review at ZBA (scheduled on September 12,2006) upon suggestion and recommendation at last ZBA meeting on August 8th. In order to keep the privacy and security of my family as wellastoeliminate any concern with whatever reasons, I would like to bave an extensionofcttrn"lntpatio.instead of previously plannedpatlo room. There will be two columns to extend the patio roof and the size of the extension area will be 20 ft X 8 ft in the backyard. It will not be seen from the street Sincerely, ~a~ Mt_~G.)~( cc: HOA RiverwaIk at Colleyville President Mr. Jim Fletcher VP Mr. John Tiliacos 1 f A home @ 1 Guadalupe ct. CoUeyviHe, TX 76034 August 30, 1/6 Reason to work; 1. Twoses (1 (about 11ft . 2. The d of the house in the back is higher (1.5 - 2ft) an us. 3. . Y on the second floor 4. 5. Plan for Supplementation (Amelioration); A. Scope of Work: to extend a current patio. 1. To stand two (2) new Columns 2. To extend Patio Roof (20 ft X 8 ft) B. Date of Work: After Approval from HOA of Riverwalk iIIeand Contact: Michael (817.504.1004) 2/6 TOP Existing Patio Roof Side View I- 8ft "I Front View I" .1 20 ft 3/6 Backyar 11;08 Guada~upe 4/6 Reference I View from. Living Room View from the Edge of Current Patio Front View of the House 5/6 I I Fenee I. Edge 0f Patio Roof I Patio Extension Exsrnple in RivelWslk Community Fence Edge of House Roof Example of a Roof and a Fence in Riverwalk Community 6/6 Page 1 of2 ~_N"",_,,,,,__,,_,~_~__,~,,,,''''--''-_'~'''''''''''____N''''~'_A''''''''^~'''-..",...--, ~~,'~~"'H'N"_"_'_'_'h"_-_'_~"~""_'_""'-~~_'''''''-'''_~._.~--....----- From: Amy Shelley [ShelleyA@ci.colleyville.tx.us] Sent: Thursd~y, August 03,20064:39 PM To: Cc: Chris Fuller; Subject: FW: Zoning case number 11.-06-08 "'_'N_-<~"_"-""-"-""':W"<-"'""'''''~__'''''"-__''_'''_'_'~_'''__..'......."-c-......N.__'__~..~.,,~~_,..-;~"".~--~.-.-.._.r--"~-~"'.,--',>v...,,~-.--..""_.-..-.,._--<. ,..........~,'....<<..__~N._._~.__.._......____.._.w_____. -c>_,_~_.,"""~"",,^__~_....._,y.,.--.,,.~..,.,,_~"~__~m"_'^ Fro.m: John llliacos Sent: Thursday, Au ' To: Amy Shelley Subject: Zoning case number A~06-08 Hi Amy, My name is Jackie Tiliacos and I live at 1112 Guadalupe Ct (directly next door to the Parks) I received a letter from the City of Colleyville in re come up to City Hall one day and you were no charge of Code Enforcement. to the hearing scheduled for August 8th. I did Ie so I talked to the man from the city that is in I was there to primarily see what is was exactlY Mr. Park wanted to do with his backyard. From what I wasloldby the man from Code Enforcernent, Mr. Park wants to extend his patio to his rear fence line. Two days later I received in rny mail a letter frorn Mr. Park that apparently he mailed out to my address as well as some other itn.mediate niegp.ors. Inhisletret to Us, he said due to "Lack Of Privacy" he wanted to "extend his open patio and have it covered. "Wllathecurrently has is a Ilcovered patio" but a small one that is part of his house built by the builder.\\-'hen Mr Parks bought this house, it was completed and he could clearly see how short his backyard would be and how close it was to his rear neighbor. I don't quite understand his logic .on this as by extending his patio he is getting even closer to his rear neighbor. I know Mr. Park does have blinds in his windows and so does the neighbor to his rear. The neighbor to his rear does have an upstairs balcony and that house ( the rear of it is actually quite close to my backyard as well) does also have blinds and the people in that house never even sit out on their upstairs balcony nor have their rear blinds open. I can clearly see this as I am out at my pool alot and when that house was built I was wondering if the people in that house would ruin my privacy when rpy family used our pool. It has not, the people keep their blinds closed and like I said never use their upstairs balcony. I am really rather confused by exactly what Mr Parks reasoning for his backyard remodeling request. I am in a very odd situation, as he is my nieghbor and our sons play basketball together. I don't want to oppose his plan and end up with a nieghbor who does not like us anymore. Having said that, I don't want to say fl yes, do it" and then end up with an eyesore that I will clearly have to look at due to the close proximity between his yard and mine. I have never been to a meeting like this, does he come with a drawing from an architect to display, &/8/2006 Page 2 of2 letting us see if the addition will match the exi$unghome? I am a little apprehensive about this as when he moved in a year ago, he tore out all the landscaping the builder put. in and then just left his front yard.. It sat like that for months, then he got out and planted new bushes and then went back outside and moved them around over and over and over and over again,Each time he would go outside he would djg up what he had planted and move it to a new location in the yard, so some of what he planted died.Just within the last 2 weeks has he gotten workers in and cleared out the weeds and gotten the yard looking better. I wouldJu$thopeifthe City approves his plan it woutdbe done professionally and completed within a cenaintimeframe. If you have a chance cottldyou possibly reply to this cmat1 and just let me know how the process works. Do we asneighbors.~tt!)nd,thismeetingan~heoityactually approves or disapproves this plan. Do we as neighbors stand up and ask questions? Do 'W'estand up and say I approve or I disapprove? Any details you could give me on this would be appreciated. Thank You, Jackie Tiliacos 1112 Guadalupe Ct Colleyville, Tx 817 428 1714 8/8/2006