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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-10/10/2006 e City of Colleyville Meeting Agenda Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, October 10, 2006 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky, Larry Knox (Alt. 1) and Uton Del/osso (Alt. 2) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES September 12, 2006 RECOGNITION OF OUTGOING MEMBERS Rich Munson, Place 1 Skip Reynolds, Place 2 Lisa Kenney, Place 3 Uton Del/osso, Alternate 2 ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBERS Rich Munson, Place 1 Skip Reynolds, Place 2 Lisa Kenney, Place 3 Uton Del/osso, Alternate 2 ELECTION OF OFFICERS Chairman Vice Chairman Recording Secretary 5. AGENDA ITEMS 5a Case A-06-013- PUBLIC HEARING - Request by G. Keith Roberts for a variance from the regulations of the Colleyville Land Development Code regarding rear and side yard setback requirements on Lot 22, Block 4 of the Saddlebrook Addition located at 4302 Green Meadows E 6. REPORTS AND COMMENTS City of Colleyville Page 1 Printed on 10/5/2006 Zoning Board of Adjustment Meeting Agenda October 10, 2006 7. I here certify th above agenda was posted on the bulletin boards at City Hall on Thursday, October 5, 2006 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 10/5/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Tuesday, September 12, 2006 7:00 PM City Council Chambers Zoning Board of Adiustment City of Colleyville Minutes - Draft Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, September 12,2006 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on September 12,2006, at 7:00 p.m. 2. ROLL CALL Boardmembers Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky, Larry Knox (Alternate 1), Uton Oellosso (Alternate 2) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the meeting minutes as written. Board member Kenney seconded. The motion carried by the following vote: Aye: 7 - Knox, Kenney, Reynolds, Munson, Moore, Oellosso, McNosky 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 Chris Ful/er presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:10 p.rn. Aaron Augspurg, the applicant at 6109 Highland Hills Lane, came forward to present the case and brief the Board Members. Ray Spoth, President of the Highland Meadows Homeowners Association (HOA), stated the applicant was approved for the materials to be used to construct the fencing for going beyond the building line. Board member Del/ossa questioned Mr. Spoth regarding if the HOA has an opinion regarding how the fence is designed? Mr. Spath replied yes, just not beyond the 30 foot boundary. Board member Kenney questioned Mr. Spoth for clarity the front and side yard set backs for the homes surrounding the applicant's? Mr. Spoth replied the front set back is 30 feet and the side yard set back is 15 feet. City of Colleyvifle Page 1 Printed on 9/25/2006 Zoning Board of Adjustment Minutes - Draft September 12, 2006 Board member Kenney questioned Mr. Augspurg if he has considered a gate that would open outward, which would not require as much space? Mr. Augspurg the builder did not give him that option and he has not explored that option. Chairman McNosky stated there may be an issue with whether or not there would be room for Mr. Augspurg's vehicle if the gate were to swing outward. Mr. Augspurg replied he would not have enough room if he were at the building line. Mr. Augspurg stated he can see in his neighbor's master bedroom when coming out of his garage. Board member Munson stated according to the drawings and descriptions, there is enough room to place the gate at the set back line and be able to pul/ in off of the street. Mr. Augspurg concurred. Board member Reynolds questioned Mr. Augspurg if he has a garage that his suburban can be parked in? Mr. Augspurg replied no. Board member Reynolds questioned Mr. Augspurg if his house was already constructed when he purchased his home? Mr. Augspurg replied yes. Board member Reynolds questioned Mr. Augspurg if there are any fences like the one being proposed? Mr. Augspurg replied this fence wil/ be a board on board, capped fence, which is not in this neighborhood, this is a better quality fence. Board member Dellosso questioned staff and Mr. Augspurg regarding if there is a preference whether or not the gate swings in or out? Chris Ful/er replied the city has no preference as to whether the gate swings in or out. Mr. Spoth stated the HOA would not have a preference either, except for if it will effect the sidewalks. Board member Knox questioned Mr. Augspurg regarding how close to the trees will you be once the fence is built? Mr. Augspurg stated it will encompass the existing trees. Board member Kenney questioned Mr. Augspurg what is being accomplished here, why does the fence go more towards Highland Hil/s Lane? Mr. Augspurg replied they wanted a court yard in that area, but it is not necessary to have it. Chairman McNosky stated Mr. Augspurg has taken into consideration the symmetry of the neighborhood as well as the esthetics. Board member Reynolds questioned Mr. Augspurg what the neighbors thought about the fence? Mr. Augspurg stated the neighbor at 2103 High Gate was the only one that had an issue with the fence for fear that it would obstruct his view. Board member Reynolds questioned why do you want to build this fence this way? Mr. Augspurg replied not having any other options, mostly for security for his smal/ children from running out into the street. He stated he could use wrought iron. Board member Kenney suggested taking the wooden fence to the building line and then used wrought iron from there to the proposed location for the open area for the neighbor. Mr. Augspurg stated it would not stay open for long because he would then plant shrubs for privacy. Board member Dellosso questioned Mr. Augspurg if he would be willing to use what Board member Kenney proposed? Mr. Augspurg replied yes. Board member Moore stated the applicant is requesting to go beyond the building line; what the homeowner wants to put up as part of the fence is not the issue. Board member Kenney replied that not being correct, she stated the variance can be City of Colleyvifle Page 2 Printed on 9/25/2006 Zoning Board of Adjustment Minutes - Draft September 12, 2006 conditioned. Chairman McNosky concurred. Board member Knox questioned Mr. Augspurg if he has considered rerouting the driveway to accommodate the building line? Mr. Augspurg replied no, there is a drainage issue on this lot, and he has not allocated funds to do so. There being no one wishing to speak, the public hearing was closed at 7:35 p.m. Board member Kenney stated not being willing to approve a solid fence past the set back line. Board member Kenney moved to approve case A-06-010 with the condition that the portion of the fence that is built into the set back, not be solid, but be wrought iron. Board member McNosky seconded. The motion failed by the following vote: Aye: 2 - Kenney, McNosky Nay: 3 - Reynolds, Munson, Moore 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 Parc Addition located at 7109 Peters Path Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:00 p.m. Andrew Brisco, with Oldfield Fine Homes, 9953 Apple Tree Way, Keller, presented the case and briefed the Board members for the homeowner. Board member Reynolds questioned Mr. Brisco regarding how many feet from the street is the wing wall? Mr. Brisco replied about 28 feet 10 inches from the edge of the street. Board member Moore questioned Mr. Brisco if the post are already in place? Mr. Brisco replied yes, there will be a stone feature on both sides. Mr. Brisco stated this property does not have anything in place, the drawings are from another home. Board member Munson questioned Mr. Brisco how high the column is? Mr. Brisco replied it is approximately 7 feet tall with a scalloped, dipped edge. Board member Kenney questioned staff regarding how many other homes have already been constructed in this addition with this wing wall? Chris Ful/er replied the developer should have come forth to city council before, however, all will have to comply with the code. Chairman McNosky questioned staff what needs to be done at this point? Chris Fuller replied the Board can consider this request tonight and staff is looking at the code to address these issues for the future. Board member Reynolds stated the staffs recommendation does not address any special circumstances for this request. What is the basis of authority to act? Chris Fuller replied the Board has to define the hardship. Board member Reynolds questioned staff regarding what is the particular language for the hardship for the Board to lawfully act? Chris Fuller stated referring to the Building Official who may provide City of Colleyville Page 3 Printed on 9/2512006 Zoning Board of Adjustment Minutes - Draft September 12, 2006 language for this conversation. Eddie Edwards, Building Official, stated the builder's plans, on some of the pages, did show this wing wall, which staff could have stated needing a variance, however, the wing wall was not shown on all sets. Unfortunately, staff overlooked this need for a variance. The builder proceeded, thinking they had approval, since the wing wall was poured with the foundation of the house. The fence regulations were not considered at the time of approving the plan. Board member Reynolds stated the builders have gotten caught in a trap, they have submitted what was necessary for a permit and have received approval. He stated needing to know the language in the code that states the Board can act. Board member Moore questioned how many homes are in this tract? Chris Fuller replied about 8 or 10. Building Official Eddie Edwards stated there may be some that are already built, but in compliance with code. Board member Munson questioned staff why the letter states, they were not notified of the request? Chris Fuller replied, they are new homeowners are were not on the approved tax rolls. Board member Munson questioned staff regarding if this is a PUDR zoning? Chris Fuller replied this is a straight zoning, R20. Board member Kenney stated the Board has the ability to approve with circumstances that they interpretate, such as the oversight by staff for approving the plans. Board member Munson stated not wanting to encourage the builders to build more house close to the set back lines, by increasing the square footage, hence, increasing the profit. He stated not having an issue with this request, but language needs to be put in the code to ensure that the builders do not take advantage of the good will of the Board. Board member Reynolds questioned if this were a solid fence, how high could it be? Chris Fuller replied 30 inches. Board member Reynolds concluded that under Section 11, the variance can be granted. Board member Munson concurred with Board member Reynolds, however, because there is a letter opposing the request, he stated wanting to speak with those homeowners. Board member Reynolds stated those homeowners could have been at the meeting. There being no one wishing to speak, the public hearing was closed at 8:20 p.m. Board member Reynolds moved to approve case A-06-011. Board member Knox seconded. The motion carried by the following vote: Aye: 4 - Kenney, Reynolds, Munson, McNosky Nay: 1 - Moore 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 Parc Addition located at 7004 Peters Path City of Colleyville Page 4 Printed on 9/25/2006 Zoning Board of Adjustment Minutes - Draft September 12, 2006 Chairman McNosky opened the public hearing at 8:22 p.m. There being no one wishing to speak, the public hearing was closed at 8:22 p.rn. Board member Reynolds moved to approve case A-06-012. Board member Kenney seconded. The motion carried by the following vote: Aye: 4 -Kenney, Reynolds, Munson, McNosky Nay: 1 - Moore 6. TABLED ITEMS 6a 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 Board member Reynolds moved to remove case A-06-008 from the table. Board member Munson seconded. The motion carried by the following vote: Aye: 5 - Kenney, Reynolds, Munson, Moore, McNosky Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:30 p.rn. Myung Park, the applicant, came forward to present the request and brief the Board members. Jim Fletcher, President of the Riverwalk Homeowner's Association (HOA) at 1108 Nueces Court, stated having concerns for the lack of explanation of materials to be used and how it will drain from the roof. He stated the HOA is opposed to the variance request. He stated the homeowner was aware of the condition upon purchasing the home. Mr. Park stated not knowing of the HOA meeting discussing his proposal. Mr. Park showed the Board members pictures of other homes in the addition that have patio extensions. There being no one wishing to speak, the public hearing was closed at 8:30 p.m. Board member Knox stated staff has gone to great detail regarding these types of developments. Board member Kenney stated this is the nature of this type of development. She stated you as the homeowner, have to create your own privacy. Page 5 Printed on 9/25/2006 City of Colleyville Zoning Board of Adjustment Minutes - Draft September 12, 2006 Board member Knox moved to deny case A-06-008. Board member Moore seconded. The motion carried by the following vote: Aye: 4 - Kenney, Munson, Moore, McNosky Abstain: 1 - Reynolds 7. REPORTS AND COMMENTS Chris Fuller stated a workshop will be held possibly in November or December once the new Board is positioned. Board member Moore stated wanting a sign board meeting as well. 8. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday September 7, 2006 by 5:00 p.m. . Ther~ bein~ no further business before the Zoning Board of Adjustments, the meeting adjourned at 8:40 p.m. by acclamation. Amy Shelley, Planning and Zoning Assistant City of CoJleyvil/e Page 6 Printed on 9/25/2006 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: 10/10/2006 Requester: Community Development Department File Name: Case A-06-013- PUBLIC HEARING - Request by G. Keith Roberts for a variance from the regulations of the Colleyville Land Development Code regarding rear and side yard setback requirements on Lot 22, Block 4 of the Saddlebrook Addition located at 4302 Green Attachments: Zoning and Location Map . Application . Exhibits Agenda No.: 5a. History of Legislative File Version: Date: Acting Body: 1 10/10/2006 Zoning Board of Adjustment Title Case A-06-013- PUBLIC HEARING - Request by Keith Roberts for a variance from the regulations of the Colleyville Land Development Code regarding rear and side yard setback requirements on Lot 22, Block 4 of the Saddlebrook Addition located at 4302 Green Meadows E Explanation SUMMARY & COMMENT Keith Roberts is the applicant for a variance request regarding a lot located at 4302 Green Meadows E in the Saddlebrook Addition. The applicant has applied for a variance to encroach into the rear yard and side yard setbacks in order to connect an existing house to an existing detached garage. The subject property has 25 foot rear yard setback and a 10 foot side yard setback. The owner is proposing to extend a covered breezeway from an existing house that will connect to an existing garage. The existing detached garage is classified as an accessory building, which is permitted to be located within the setback areas. The connection of the home to the garage will incorporate the accessory building into the primary structure requiring its compliance with the setback regulations. Once the two structures are connected, the garage portion of the house will extend approximately 19 feet into the rear yard setback and approximately four (4) feet into the side yard setback. The property is zoned RD (Two Family Residential) and adheres to the following set back regulations: City of Colleyvitte Page 1 Printed on 10/6/2006 Agenda Briefing Continued Front Yard: 25 ft. Side Yard: 10 ft. Rear Yard: 25 ft. Staff mailed notices to the twenty-four (24) 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 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 shal/ 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 the connection of the home to the accessory building does not adversely effect the surrounding properties in the neighborhood. Recommendation Denial due to technical non-compliance with the Land Development Code. City of Colleyville Page 2 Printed on 10/6/2006 ~ ....... ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of CoJleyvllle 100 Main Street CoI1eyvlle TX 76034 817.503.1050 . . APPUCANT d-. ;(6/ If! 1<.1) 13.Efi r.s Telephone No. gL1-.1f'J1-/~.5bFax No. KJ.?'df?!d ~7S-91 i / -2 . /'. (!jil.~~77 Address ~ ')O.J) t7q e J InmDl).tJ p City l!-ou~~~ . State 'Jt Zip Code '1 &; a3 <j Applicant's Status: (check one) ~er a Representative a Tenant . PROPERTY OWNER ~____ Telephone No. Fax No. Address ~ q~~~ Applicant Signature Date OWner Signature Date The property owner must sign the applk:atlon or submit a notarized letter of authorization. Please Initial the acknowtedgmenb on the second page before signIng this appllcatlon. a Trust City ___ Ownership Status: (check one) PROPERTY INFORMATION Street Address or Location _-.Jt-~6 ,1.__I1e6J2l__{'nf31:t:DD)"U 2.. LegalDescription ___ -:)..OU~.~'~ ~~ b'7J ~d1..~ p:j~ Present Zoning ~. Present Land Use ..!J J.A it 1-a.t. Status of Project: Proposed nder Construction a Existing Have you applied for a building permit? .rYes 4. NO Have you filed an appeal or petition on this property before? ~o a Yes Case Number ~ a Approved with Conditions a Denied Action (J Approved Conditions Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPUCATION PAGE 2 ~- REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to outline fuIIJ'. .....n by answering these questions could cause unnecessary delay In evaluating your appeal. AlNitlOftal pages may be attached If necessary. 1. com~lete~ describe ~e varia~ce you are ~equesting.. ~ etnu~. aJl :~ff d1~i ~CJU t~;M2t.~:=:=~:~~t~~ ~i;:P;- . . . . ~ /l 2. o.? s1,:,,'~r conditions exist in the area? ExpI . ~~d-'v/U4 -.;:~ W ~ = M~k:;t ~h~ ~~ -lk. rtttn,,; d.-tJriM. - -tt._, . . · . - 3. Describe how the u~ue ",,:,ditions "f cro.mstances do not. resuR fro~ your aclion~~r~U) 'WW w.J..rv., ;,ofuA.,~"IJ..tJ w:/n..JJ;1i> tI. &.11tJJ.1 . -. ~ 'tI;::tt~:r1J::~~~.~_htj,.i~ dM/ 4. Is there any way to do what you want without this request? --Al..c-- 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 I 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 ~o'" APPlICATION FOR VARIANCE cv- 410 (DECEMBER 2003) I~.. tIH1L. r ~-: .t. . I I , I .1 J I f. ~..; J :}_i~'_.':<;; l' \..'.. . '. \5;~~Y Lot 22 Block 4 ~,~;,,~{'_~'.'.."r ..':..." M" .... I.: ::'. '" ':;\l~ :..';-.;' .. '; . ": . " . ~~<:~i~:~H,5AooLEBROOKADDrrION t~~.(~.:;~t.\!~~!J'~\'~ .:" .' . . . . - \ - . ",(":J.~1"i.~". ,'.. - Phase I -'- t'.~'fJ'."~~;' ...' ... :. .' . . ~lt: ~'),":ti ..: . . .. l~tf~i~, i;\', ' City, of Colleyville,. Hl]'t j.)'t.-I.; ,':, ';, . ~1"i:"~~' :. :',' Tarrant County ,TeXas' ) ;j ~ 1-- r' ;..1 f ..\ A 80.0" . iD,... t\ -' ~ 25.7' ' 6~ DETAcHED.: ;... GARAGE_. ~ .1 - . . i .' : .,:'~~: ~'. ,'; . ';",'..' . "t' o ~".. ." .... ." . O' ~. ..:.....". "'}'.:; ..' .' . ,;,A*- ~ .... ..: . 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