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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-3/11/2007 . City of Colleyville Meeting Agenda Zoning Board of Adjustment 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, March 13,2007 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 February 13,2007 5. AGENDA ITEMS Sa Case A-07 -003- PUBLIC HEARING - Request by Jamie Adams for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lots 3 and 4, Block 1 of the Fairway Addition located at 6609 and 6613 Herbert Road 6. TABLED ITEMS 6a 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 7. REPORTS AND COMMENTS 8. Amy Shelley, Planning and Zoning Assistant City of Colleyvllle Page 1 Printed on 2/1512007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes · Draft Tuesday,February13,2007 7:00 PM City Council Chambers Zonina Board of Adiustment . 1G".. City of Colleyville Minutes - Draft Zoning Board of Adjustment 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, February 13, 2007 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 February 13, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky and Larry Knox (Alternate 1) Absent: Board member Uton Dellosso (Alternate 2) Staff members: Barry LeBaron, Chris Fuller and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTeS Board member Moore moved to approve the December 12, 2006 meeting minutes as written. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 - Kenney, Reynolds, Munson, Moore, McNosky 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 Barry LeBaron presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:05 p.m. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Board member Kenney questioned staff regarding if this property is unfenced in the back yard? Barry LeBaron replied yes, some of the homes in this addition are unfenced in the back yard. Page 1 Printed on 211512007 City of CoIleyvllle Zoning Board of Adjustment Minutes - Draft February 13, 2007 Board member Reynolds stated in the past, generally the applicant is present for variance requests. He suggested tabling this request until the applicant is present. Board member McNosky stated the application states there are other pools in this addition. She questioned staff regarding if this is the case and would not they have needed a variance? Barry LeBaron replied there are similar additions that have similar lot dimensions for which pools are in place, such as the Bridges at Riverwalk. Board member Reynolds questioned staff if the pool deck area will cover a utility easement? Barry LeBaron replied he has checked with the plat and there are no utility easements at the back of this property. Board member Munson questioned staff regarding where is the area that will be enclosed? He stated wanting to see that on the plan as well. Board member Kenney questioned if there is a Homeowners Association (HOA) in place and have they agreed to the request? Board member Moore moved to table case A-07 -001 until such time the applicant can be present to answer questions. Board member Munson seconded. Board member Munson questioned staff if this Board could get together in two weeks for this applicant instead of having to wait another month. Barry LeBaron replied it could be done if needed. The motion carried by the following vote: Aye: 5. Kenney, Reynolds, Munson, Moore, McNosky 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 Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7: 13 p.m. John Dreiling, the applicant, came forward to present the case and brief the Board members. Board member Reynolds questioned for clarity, regarding is the house built? Mr. Dreiling replied no. Board member Reynolds questioned Mr. Dreiling if the trees will come down anyway? Mr. Dreiling replied no, not City of CoIl.yvllle Page 2 Printed on 2/1512007 Zoning Board of Adjustment Minutes - Draft February 13, 2007 if the home can be built were proposed. Board member Reynolds questioned Mr. Dreiling if there will be a safety issue regarding the placement of the proposed fence? Mr. Dreiling replied no, there will be plenty visibility for traffic at this intersection. He stated the garages are set at the back of the lot. Discussion regarding the line of site occurred between the Board members and Mr. Dreiling. Board member Munson questioned Mr. Dreiling regarding which plan is going to be built? Mr. Dreiling used the drawings provided to show Board member Munson which plan would be used. Discussion between Board member Munson and Mr. Dreiling occurred regarding whether or not the driveway would be long enough to accommodate vehicles to keep them off of White Drive while waiting for the gate to open. It was determined that the drive would need to be set further back to accommodate the length of his vehicle and to also allow for possible future widening of White Drive. Mr. Dreiling agreed with Board member Munson with the new set back being 15 feet to construct the lateral sliding gate. Chairman McNosky stated if the variance is approved, it would then be up to Mr. Dreiling to hold his self up to a higher standard for designing the driveway regarding the 15 or 20 feet. Mr. Dreiling concurred. Board member Kenney questioned Mr. Dreiling regarding if the variance is approved by taking into consideration the possible future improvements to White Drive, how would this affect the saving of those trees on the property? Mr. Dreiling replied the plan submitted has accommodated for those trees. Board member Moore questioned Mr. Dreiling regarding what is the time table for constructing the home? Mr. Dreiling replied within the next two to three weeks. Board member Knox stated for clarity that the fence pillars will be placed 15 feet from the property line. Board member Munson concurred. There being no one wishing to speak, the public hearing was closed at 7:35 p.m. Board member Munson moved to approve case A-07 -002 with the modifications that instead of 20 feet from the building setback line, it will be 15 feet from the building set back line, which is also 15 feet from the property line and that the applicant be required to install a lateral sliding gate. Board member Reynolds seconded. City of CoIleyvilte Page 3 Printed on 1/1512007 Zoning Board of Adjustment Minutes - Draft February 13, 2007 The motion carried by the following vote: Aye: 5 - Kenney, Reynolds, Munson, Moore, McNosky 6. REPORTS AND COMMENTS Chris Fuller told the Board members that the City Attorney has not sent the revised Rules of Procedure. He stated as soon as those are received, they will be passed along to you. Chris Fuller reminded the Board members that Barry LeBaron has announced his retirement and he thanked Barry for his help. The Board members all thanked Barry LeBaron and stated they enjoyed working with him. 7. ADJOURNMENT The meeting adjourned at 7:47 p.m. 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 Colleyvllle Page .. PrInted on 2/1512007 . '/'t'ia" City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.coIleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Agenda Date: 03/13/2007 Controlling Body: Zoning Board of Adjustment Requester: Agenda No.: 5a Final Action: File Name: Case A-07-003- PUBLIC HEARING - Request by Jamie Adams for a variance from the regulations of the Colleyville land Development Code regarding fence height requirements on lots 3 and 4, Block 1 of the Fairway Addition located at 6609 and 6613 Herbert Road Attachments: Application. list of Property Owners Notified · Exhibits History of Legislative File Version: Date: Acting Body: Action Text: 1 03/13/2007 Zoning Board of Adjustment Title Case A-07 -003- PUBLIC HEARING - Request by Jamie Adams for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lots 3 and 4, Block 1 of the Fairway Addition located at 6609 and 6613 Herbert Road Explanation STAFF REVIEW & COMMENTS Jamie Adams is the applicant for a variance request regarding two adjacent lots located at 6609 and 6613 Herbert Road in the Fairway Addition. There is currently an existing single family home at 6609 Herbert and a new single family home under construction at 6613 Herbert. The applicant has applied for a variance from the residential fence height regulations for both properties. The applicant proposes to install an eight-foot high perimeter subdivision style fence constructed of brick columns connected with decorative wrought iron railing installed between the brick columns see attached example photos. The applicant proposes to install the fence on the perimeter property lines, crossing the required front yard setback, which limits the maximum fence height in that area to 30-inches. Chapter 3 of the Land Development Code regulates the fence height in reference to the required front yard set-back in residential zoning districts. Section 3.26-0 of the Land Development Code states that no fence in a residential district shall exceed 30-inches in height when installed over the required front yard set-back. This variance proposes an approval to allow the addition of five and one-half feet (5'5") to the current maximum height City of CoI/eyvllle Page 1 Printed on 31912007 AQflllda BrIefing Continued requirement of a 30" which will result in a total height of eight (8) feet. The property is zoned R20 (Single Family Residential). The set back regulations for this zoning district are established by the Land Development Code: Front Yard: 30 ft. Side Yard: 10 ft. Rear Yard: 25 ft. Staff mailed notices to the twenty (20) owners of property situated within 200 feet of the applicant's property. At this time, staff has received no written responses regarding the request. Section 1.16.E of the Colleyville Land Development Code provides the authority of the Zoning Board of Adjustment for approval of a variance request when the Board determines that the neighboring properties are not substantially or permanently injured. The following is an excerpt of the applicable language form the Land Development Code: "The Zoning Board of Adjustment shall have the authority to consider requests for a variance of a zoning regulation.... When the appropriate use of the neighboring property will not be substantially or permanently injured... Thus, the Board has jurisdiction to: Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum sidewalk or setback standards, off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the provisions of this ordinance would 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 the Land Development Code. City of CoIleyvllle Page 2 PrInted on 31912007 c+ ...... ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of CoIIeyviIle 100 MaIn Street Coley'" 1)( 78034 817.503.1050 Appl t Signature Date The properly owner mUll sign the appIlcaClon or submit. notartzed sec:ond ..... .... signing this sppllcallon. Present Land Use CJ UnderConstruction ~ GOARD CF I~OJLJ~Tr.1Ern OFFICIAL USE O'~LY ~ Ca.. Number A-01-()(J~ Action Cl Approved Conditions Hearing Date ~ a Approved with Conditions [J Denied Zoning Board of Adjustment Chair Attest Zoning Board of Adjusbnent Seaelary ZONING BOARD OF ADJUSTMENT APPLICATION . PAGE 2 REOUE.:lT li,f-UR:;,\Ti:Jt. P..... a_wer the following questions .. completely a. poselble. FalluN to outline fully the situation by answering th..e q....tIons could ca.... unnecessary delay In evaluating your appeal. Additional pag.. may be attached If necessary. 1. Completely describe !he vartance ~ .... req.-,g. 1At ~f 4(\ .l>ulld'''. _ (0 + 0-'\ ~h ~, " (\0, J6 3. Describe how the unique conditions or circumstances do not result from your actions. 4. Is there any way to do what you want without this request? Vlu-4- ;0 "'1 Kyt(Jc,U I.4J ~ 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 shaH have the power to dismiss this proposal either at the caR of the case or after the hearing, and that such dismissal shaH constitute a denial. I reserve the right to withdraw this proposal at any time upon written request flied with the Community Development Department. and such withdrawal shan 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 pennit. SPr Date 1.... 2 7..0 7 Applicant's Initials APPLICATION FOR VARIANCE CV - 410 (OECEMtJER 2003) A-07 -003 Jamie Adams, Applicant 1000 Ballpark Way # 306 Arlington, TX 76011 Blythe, Jeremy 6613 Herbert Rd Colleyville, TX 76034 Dearing, Julia F 6701 Herbert St Colleyville, TX 76034 Ishak, Ashraf Z Etux Irene N 104 W Ld Lockett Rd Colleyville, TX 76034 Nealy, Marcus E Etux Hope M 909 Chateau Ct Colleyville, TX 76034 Schlieman, Albert & Nonna 6605 Herbert St Colleyville, TX 76034 Staib, Lula M 8513 Hudson St North Richland Hills, TX 76180 Ward, Timothy D & Carol A Ward 908 Chateau a Colleyville, TX 76034 List of Property Owners Notified Jamie Adams, Applicant 1000 Ballpark Way # 306 Arlington, TX 76011 Carpenter, JOM Etux Anna 912 Chateau Ct Colleyville, TX 76034 Hardy, Harry D Etux Sharon C 6606 Herbert Rd Colleyville, TX 76034 McCarley, James Etux Michelle PO Box 2798 Grapevine, TX 76099 Norris, Bettie 6700 Herbert Rd Colleyville, TX 76034 Snyder, Sylvia Fae 6704 Herbert Rd Colleyville, TX 76034 Stiefel, Dustin Etux Wendy 909 Chalet Ct Colleyville, TX 76034 Williams, Wesley Etux Carolyna 6602 Herbert Rd Colleyville, TX 76034 Jamie Adams, Applicant 1000 Ballpark Way # 306 Arlington, TX 76011 Coyne, Thomas J 6604 Herbert St Colleyville, TX 76034 Ishak, Ashraf Z Etux Irene N 104 W Ld Lockett Rd Colleyville, TX 76034 McNutt, Ray Etux Brandy 6705 Herbert Rd Colleyville, TX 76034 Roberts, Wyman & Lorene 904 Chateau Ct Colleyville, TX 76034 Staib, Lula Jones 8513 Hudson St North Richland Hills, TX 76180 Thompson, Donald E Jr 6609 Herbert Rd Colleyville, TX 76034 . City of Colleyville Agenda Briefing 100 Main Street CoIleyville. 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: 03/13/2007 Requester: Community 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 Agenda No.: 6a Attachments: Application. List of Property OWners Notified. Exhibits History of Legislative File Version: Date: Acting Body: Action Text: 1 02/13/2007 Zoning Board of Adjustment 1 03/13/2007 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 Update 3-9-07 Staff has sent a letter to the applicant regarding the information requested by the Board members. Staff has also called the applicant requesting the information. Staff has not received any information from the applicant. STAFF REVIEW & COMMENTS 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 City of CoIleyvllle Page 1 Printed on 31912007 Agenda Brleffng Continued 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. 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 CoIleyvUfe Page 2 Printed on 3/912007 ........OF_ zr,Cadl1'-'1tj ~ Q ..... t~'_o '::;f<<, ...n..~!i'i.",' . t. 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I A-07 -001 ferry Awalt, applicant 5508 Bordeaux Park :olleyville, TX 76034 ~dams Homes Inc PO Box 202185 !\rlington, TX 76006 Benner, C M Wolfgang Etux Shat 5510 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 .1.n OS 07 08..... 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