HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-3/11/2007
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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
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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
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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
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'/'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
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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
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