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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-2/13/2007 City of Colleyville Meeting Agenda Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday,February13,2007 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 (Alternate 1) and Uton Dellosso (Alternate 2) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES December 12, 2006 5. AGENDA ITEMS 5a Case A-07-001- PUBLIC HEARING - Request by Terry Awalt for a variance from the regulations of the Colleyville Land Development Code regarding rear setback requirements on Lot 4, Block 1 of the Rosewood Villas Addition located at 6508 Bordeaux Park 5b Case A-07 -002- PUBLIC HEARING - Request by John Dreiling for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lot 1 R, Block 1 of the Bettinger Place Addition located at 6304 Westcoat 6. REPORTS AND COMMENTS 7. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, February 8,2007. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 2/7/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Tuesda~December12,2006 7:00 PM City Council Chambers Zoninq Board of Adjustment City of Colleyville Minutes - Draft Zoning Board of Adjustment 1 00 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, December 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 December 12, 2006, at 7: 1 0 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky and Uton Dellosso (Alternate 2) Absent: Skip Reynolds, Ed Moore and Larry Knox (Alternate 1) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member McNosky moved to approve the November 16, 2006 meeting minutes as written. Board member Dellosso seconded. The motion carried by the following vote: Aye: 4 - Kenney, Munson, Dellosso, McNosky Absent: 3 - Knox, Reynolds, Moore 5. AGENDA ITEMS 5a Case A-06-018- PUBLIC HEARING - Request by Oldfield Fine Homes for a variance from the regulations of the Colleyville Land Development Code regarding front setback requirements on Lot 8, Block D of the Warwick Pare Addition located at 6804 Peters Path Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7: 13 p.m. Brandon Stake, 7101 Westcoat, the applicant, came forward to present the case and brief the Board members. There being no one wishing to speak, the public hearing was closed at 7:14 p.m. City of Colleyville Page 1 Printed on 12/22/2006 Zoning Board of Adjustment Minutes - Draft December 12, 2006 Board member Kenney moved to approve case A-06-018. Board member Dellosso seconded. The motion carried by the following vote: Aye: 4 - Kenney, Munson, Dellosso, McNosky Absent: 3 - Knox, Reynolds, Moore 5b Case A-06-019- PUBLIC HEARING - Request by Stein Baughman for a variance from the regulations of the Colleyville Land Development Code regarding rear setback requirements on Lot 5, Block 1 of the Sparger Felps Addition located at 3914 Felps Drive Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:16 p.m. Stein Baughman, the applicant, came forward to present the case and brief the Board members. Board member Kenney questioned Mr. Baughman regarding what is the peak height of the cabana? Mr. Baughman replied 16 feet 8 inches and it is below the roof line. Board member Kenney questioned staff regarding if there are any restrictions in the code regarding the height of the cabana? Chris Fuller replied if the cabana were detached, there would be restrictions, but because it is attached, there are no restrictions. Board member Dellosso questioned Mr. Baughman regarding if there is a Homeowners Association in this development? Mr. Baughman replied no. Board member Munson complimented the applicant for addressing the drainage issue before coming to the Board. He stated the project looks fine to him. Board member Dellosso questioned Mr. Baughman regarding what is located behind his property? Mr. Baughman replied there is nothing behind the property, vacant land to those property owners. There being no one wishing to speak, the public hearing was closed at 7:22 p.m. Board member Munson moved to approve case A-06-019. Board member Kenney seconded. City of Colleyville Page 2 Printed on 12/22/2006 Zoning Board of Adjustment Minutes - Draft December 12, 2006 The motion carried by the following vote: Aye: 4 - Kenney, Munson, Dellosso, McNosky Absent: 3 - Knox, Reynolds, Moore 6. REPORTS AND COMMENTS Chris Fuller introduced Kristy Orr, with Boyle-Lowry, the City Attorney. He stated an email will be sent out regarding a work shop in January. 7. ADJOURNMENT There being no further business before the Zoning Board of Adjustments, Board member Kenney moved to adjourn. Board member Munson seconded the motion. Approved by acclamation. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, December 7, 2006. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 12/22/2006 'h"X:i''''' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Controlling Body: Zoning Board of Adjustment Version: 1 Agenda Date: 02/13/2007 Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Case A-07-001- PUBLIC HEARING - Request by Terry Awalt for a variance from the regulations of the Colleyville Land Development Code regarding rear setback requirements on Lot 4, Block 1 of the Rosewood Villas Addition located at 6508 Bordeaux Park Attachments: List of Property Owners Notified . Application . Exhibits History of Legislative File Version: Date: Acting Body: Action Text: 02/13/2007 Zoning Board of Adjustment Title Case A-07-001- PUBLIC HEARING - Request by Terry Awalt for a variance from the regulations of the Colleyville Land Development Code regarding rear setback requirements on Lot 4, Block 1 of the Rosewood Villas Addition located at 6508 Bordeaux Park Explanation Terry Awalt is the applicant for a variance request regarding a lot located at 6508 Bordeaux Park in the Rosewood Villas Addition. The applicant has applied for a variance to encroach into the rear yard setback in order to construct a pool. The subject property has a 5-foot rear yard setback in which the owner is proposing to construct a pool. There is an existing house on the property. The pool will be approximately 4 to 5-feet from the existing house. The applicant proposes to construct a 6-foot ornamental fence along the rear property line. There is an existing 20-foot wide greenbelt located at the rear of the property. The property is zoned PUDR-Planned Unit Development Residential, 0-01-1286, and adheres to the following set back regulations: Front Yard: 15 ft. Side Yard: 5 ft. Rear Yard: 5 ft. City of Colleyville Page 1 Printed on 2/812007 Agenda Briefing Continued Staff mailed notices to the 16 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 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, the location of the proposed pool does not appear to negatively impact adjacent properties, as there is a 20-foot wide greenbelt area located behind the lots. It is understood that no part of this variance is intended to violate or lessen the minimum code requirements of the city's building codes or any other city ordinance requirement not specifically identified as part of this variance request. Recommendation Approval City of Colleyville Page 2 Printed on 2/812007 A-07 -001 Terry Awalt, applicant 6508 Bordeaux Park Colleyville, TX 76034 Adams Homes Inc PO Box 202185 Arlington, TX 76006 Benner, C M Wolfgang Etux Shal 6510 Lorraine Park Colleyville, TX 76034 Gary Panno Inc PO Box 715 Colleyville, TX 76034 Starr, Teresa 6514 Lorraine Park Colleyville, TX 76034 Wilmont, Clyde Etux Carol 6520 Bordeaux Park Colleyville, TX 76034 List of Property Owners Notified Terry Awalt, applicant 6508 Bordeaux Park Colleyville, TX 76034 Akion, Cedric 0 Etux Wendy F 6515 Bordeaux Park Colleyville, TX 76034 Chandler, Raman PO Box 611 Colleyville, TX 76034 Ldds Communications Inc 500 Clinton Center Dr Clinton, MS 39056 Westgate Villas Ltd PO Box 611 Colleyville, TX 76034 1St State Bank Of Gainesville PO Box 10 Gainesville, TX 76241 Allen, Larry M Etux Cathy L 6420 Bordeaux Park Colleyville, TX 76034 Epperson, Roscoe F Etux Marie 6511 Bordeaux Park Colleyville, TX 76034 Polo Custom Homes Inc PO Box 211564 Bedford, TX 76095 Westling, Michelle 6506 Lorraine Park Colleyville, TX 76034 Jah 05 07 . F~"'~: . ~ RECEIVED Or-" "0 --...--- -JI"Itti "!""'I"" T-;;X4.~'" 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: 02/13/2007 File Name: Community Development Department Case A-07-002- PUBLIC HEARING - Request by John Dreiling for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lot 1 R, Block 1 of the Bettinger Place Addition located at 6304 Westcoat Agenda No.: 5b Requester: Attachments: Zoning and Location Map . Application History of Legislative File Version: Date: Acting Body: Action Text: 02/13/2007 Zoning Board of Adjustment Title Case A-07 -002- PUBLIC HEARING - Request by John Dreiling for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lot 1 R, Block 1 of the Bettinger Place Addition located at 6304 Westcoat Explanation John Dreiling is the owner of a lot located at the northwest corner of Westcoat Drive and White Drive. The applicant is requesting a variance to construct a gated fence across a front yard building line. The subject property is a corner lot, with a 30-foot front yard building line along both Westcoat Drive and White Drive. The lot is currently vacant. The front of the future house will face the 30-foot building line on Westcoat Drive. The proposed construction will occur on the side of the house adjacent to White Drive and will consist of a 6-foot tall cedar fence with stone columns extending from the rear property line to a wing wall. The wing wall will extend from the house to the gated fence. The gated fence will extend across the driveway and connect to another wing wall that attaches to the house. An illustration has been included in the agenda briefing packet. The applicant asserts that approval of the variance request will shift the location of the house, which will preserve five existing mature oak trees on the lot. The property is zoned R10-Single Family Residential and adheres to the following set back regulations: City of Colleyville Page 1 Printed on 2/8/2007 Agenda Briefing Continued Front Yard: 30 ft. Side Yard: 8 ft. Rear Yard: 25 ft. Staff mailed notices to 19 property owners within 200 feet of the site. As of this writing, staff has received no written responses regarding the variance 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 exist as the existing trees on the property necessitate the proposed location of the house, gate and fence. Recommendation Approval City of Col/eyville Page 2 Printed on 2/812007 Zoning and Location Map 205 ~ l".... ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 100 Main Street CoUeyville TX 76034 817.503.1050 . APPLICANT c;411A/ -;:)/l'/I/17- Address ?/Cj ~/D "'7/11.,'( City ~/o/()llt Applicant's Status: (check one) 121 Owner . PROPERTY OWNER 7lJA 7)'(1"/1''''; Address Telephone No. {l17)79J-OK8 Fax No{gI7)!J,}-~/ol State ~. Cl Representative Cl Tenant Zip Code '-? 6 ~ .J-I Telephone No. Fax No. City ____.---.-------.--.--- State __________ Zip Code Ownership Status: (check one) I2J Individual Cl Trust Cl Partnership Cl Corporation 1-7~: ~~f~re L-7D~:6 The property owne st sign the application or submit a notarized letter of authorization. Please Initial the acknowledgments on the second page before signing this application. Street Address or Location 6 Legal Description L,,..f !1-~ "E /odt- 4- Present Zoning j2,.t.tl,.!J~ft,';"'A- ( Present Land Use ~,.,I. Status of Project: 21 Proposed Cl Under Construction Cl Existing Have you applied for a building permit? JZJ Yes Cl No Have you filed an appeal or petition on this property before? Ia No 0 Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number A .() 1-00 J.. HearIng Date ~ Action o Approved Cl Approved with Conditions o Denied Conditions Zoning Board of Adjustment Chair Attest Zoning Board of Adjustment Secretary . RECEIVED t Per ............. 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" <Co.... 2. Do similar conditions exist in the area? Explain. I":~ /~..., A" ~,;"",,~...... i'#A~~:'AIJ, ~ 4 'I!V'~. n;,~~J A"I/ 6....-k d"1!- &/It,~, J ~~ 4rltl &1/.1.1."-../"'/ a'r VVI.,tIt,,^ ~ ]tJ iAo'{)'~ Lt41') ,. 3. Describe ho~e umque conditions or circumstances do not result from your / actions. ~1",ttf l.t V_'/~IfL' r;,,. .f'L. ~ .,.) ~vt' .,{;L'. ..f ~,t// 6"", "" /?'V~f ri..r A(".fl' ~'/H/ ~,,/L. ~'t'1J ;,.,.~ ".I,*"'t' /'~6'J, "",/ ,{."" 1';./ /,L.c ~l' IS A'ItIil',1 ;;,... 'SD' 46A,t/l/'tf ~'A' "~/h_./.f ".._ ~ ;t4.o~'/' -7 VO'.-// I.", h, ~,,/ ~....AS:: 4. Is there any way to do what you want without this request? .AI 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' 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~0 Date I - / :a. - ;}..p (;) il APPLICATION FOR VARIANCE u~ I,.~ eJ /'4"Jt',~ ~f"'~ t? t; t(7"" ~ eo (:) '?'hl ~"",~,/j..~ S- / V~CJ-~ .,{&. CV - 410 (DECEMBER 2003) ff~.",I / iII,.,1 ader"'cr ~'A't / t?()fi;rG> / I I J o 0:: L 9R I I I I I I I I 11 I I I ! I i ~ 18 I ~ -----~?J--~ ~ ~---1A2~____ ~ /-YI;; I -~-i~~ 0 \ \\~\\.I --- ~\'\ i \J ~ ~-- lC 1 :1 QQ\'\ "< ~ _1.0.~ \ \.. \.. ,\~..,- ~ , I " 12R o G ~~~~~ ~~S~" 1J..\~ TR 2Al 3.88 AC I , , I 1 1 ~~ , , \.. I e\\..Q ~ eO"< ~f)o I 1;) \ ~ I I ~ 1 1 2.11~ 0 1 1 1 , 1 , 1 " , 2R llA lOA 1 7R 7A 1 10B 8A 118 lR 11C 10C 88 13A 110 0 100 0:: 138 I- 10E C . ~'-J~; TRACT 781 11E <{ 0 U O. S\J \A:~ ~ (f) t>.-- w TRACT 7Cl 148 3: 2 14A TRACT 7Al E PT 15 8A7! ~ .\ l i i I ~~ . .ltk" \~..,Iyv l~~ {I' &;/-".. J z > ..J 2'f 1 .. ~ N ~ I I I I I I j------ I I I I I I , I I I I I I I . Iw 13 I~ z 1('\ I I I I I I I L I I I I I I I _____J .: I '1 , 174.23' I _ _ _ _ _ _ _ _~..Da' 2a.4.I~L _ _ _ _ _ _ +_ 4' UTILITY EA&EMENT . i ! ; _____~lill?Ac.!5..___ .-----,--- 1 I I I I I I I I I I I I I III ~I ~I ml ~I I I 1 I I I I I I I I I I 1.1 r--....---, t.---------..---., I " . I .. . , .. , ! i i i 1:; --------..--. ....r 3cZl' BUILDINC:o LINE ! ! I I I CONC><ETE WA~K 124.81' 500039' 37" W \.\/estc~-+ 'Rd. ~z____ SITE PLAN I/e".l'-"~ WESTCOAT ROAD LOT lR, BLOCK 1 BETTINGER PLACE COLLEYVILLE TEXAS TARRANT COUNTY l' l E ( 1 ~l- ~\f) ~?t N