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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-4/10/2007 City of Colleyville Meeting Agenda Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, April 10, 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 March 13, 2007 5. AGENDA ITEMS 5a Case A-07 -004- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding landscaping requirements on Lot 1, Block 1 of the Lavaca Trail Addition located at 8090 Precinct Line Road 5b Case A-07 -005- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front and side setback requirements on Lot 10, Block 1 of the Castleton Manor Addition located at 6901 Sir Spencer Court 5c Case A-07 -006 - PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear setback requirements on Lot 1, Block 2 of the Tiffany Park Addition located at 4309 Tiffany Park Lane 6. TABLED AGENDA ITEMS 6a Case A-07 -001- PUBLIC HEARING - Request 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 City of Colteyville Page 1 Printed on 4/4/2007 Zoning Board of Adjustment Meeting Agenda April 1 0, 2007 8. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, AprilS, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colteyville_ Page 2 Printed on 4/412007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Tuesday, March 13, 2007 7:00 PM City Council Chambers Zonina Board of Adjustment City of Colleyville Minutes - Draft 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 The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by staff on March 13, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Rich Munson, Ed Moore and Larry Knox (Alternate 1) and Uton Dellosso (Alternate 2) Absent: Board members Lisa Kenney and Dee McNosky Staff Present: Chris Fuller and Amy Shelley Board member Knox made motion to elect Board member Munson to chair the meeting. Board member Moore seconded. The motion carried by the following vote: Aye: 4 - Knox, Reynolds, Moore, Dellosso Nay: 1 - Munson Absent: 2 - Kenney, McNosky 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the February 13, 2007 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky 5. AGENDA ITEMS 5a 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 Chris Fuller presented the case and briefed the Board members. City of Colteyville Page 1 Printed on 4/2/2007 Zoning Board of Adjustment Minutes - Draft March 13, 2007 Chairman Munson opened the public hearing at 7:10 p.m. Jamie Adams, the applicant, came forward to present the case and brief the Board members. Board member Reynolds questioned staff regarding if the property owner has signed the application? Chris Fuller replied yes. Mr. Adams stated for clarity that he is the applicant representing the owner. Chairman Munson questioned Mr. Adams regarding the pictures submitted appear to have the gate in place? Mr. Adams replied those are sample pictures for the type of fencing that the owners wish to install. Mr. Adams presented a letter in favor of the request to the Board members from an adjacent property owner. Chairman Munson questioned Mr. Adams regarding if there are any drawings showing the fence 10 feet off of the road? Mr. Adams replied no. He stated if the fence needs to be back a little further, they will comply. Chairman Munson questioned staff regarding what are the zoning set back requirements for these lots? Chris Fuller replied the front yard setbacks are 30 feet, the sides are 10 feet and the rear is 25 feet. Chairman Munson questioned if the zoning on this property is R20? Chris Fuller replied yes. Board member Moore questioned Mr. Adams regarding what are the plans for the adjacent lot? Mr. Adams replied there are not any plans, the lot is for privacy. Chairman Munson questioned Mr. Adams regarding what are the widths and depths of the lots? Mr. Adams referred to Andy Butler of Thomas Cole Custom Homes, the builder, to answer the question. Mr. Butler replied the lot that the home is built on is 6613 Herbert Road and that lot is 160 feet by 240 feet. Mr. Adams stated the adjacent lot is one acre. There being no one wishing to speak, the public hearing was closed at 7:19 p.m. Board member Reynolds questioned staff, for guidance, regarding if the applicant is not the property owner, can the Board move forward? He also stated the presentation was not very well prepared, there are not precise measurements or diagrams. He stated staff's recommendation City of Colteyville Page 2 Printed on 4/2/2007 Zoning Board of Adjustment Minutes - Draft March 13, 2007 needs to be considered as well. Chris Fuller replied that State law allows the applicant to represent the property owner as long as the property owner consents. He stated, in this case, the property owner has signed the application, therefore giving consent to the applicant. However, if the Board is uncomfortable with that, the applicant or the property owner can be directed with whatever the Board recommends. He stated it is legal to consider the application since the property owner has given consent, however, it is at the discretion of the Board. Chairman Munson concurred with staff and stated the application appears to be in order. He stated he would like to see more information presented for this case. He stated usually there is a hardship which requires a variance request. He stated there is really not a hardship in this case. Board member Dellosso questioned staff how many feet are requested in the variance? Chris Fuller replied 30 feet, if the setback is 30 feet from the property line as requested to build on the property line. He stated the other portion is that the Land Development Code restricts the height of perimeter fencing to 30 inches, if it is on the property line and because this is not a perimeter fence of the entire neighborhood, only a perimeter of these two lots. He stated the variance is really for the height of the fence not the location of the fence. Board member Oellosso stated this is going to be a nice home, 6,000 square feet and the perimeter fencing would be an added feature. Mr. Adams replied correct, 6,000 square feet. He stated there are other types of fencing in the neighborhood as well as other parts of Colleyville. Chairman Munson stated most of the perimeter fencing in other parts of Colleyville is around one lot subdivisions. Board member Dellosso stated there is technically not a hardship in this case. Board member Reynolds stated if the Board has no authority to do something, the rules can not be re-written. Board member Dellosso questioned staff if there is anything else the applicant can do? Mr. Adams replied he understood from staff that he could join the two properties together as one lot and create the one lot subdivision and put a perimeter fence around it then. Chris Fuller stated staff would meet with the applicant and discuss alternatives. Board member Dellosso concurred with staff and stated to Mr. Adams that there is technically no hardship for this variance request. City of Colleyville Page 3 Printed on 4/2/2007 Zoning Board of Adjustment Minutes - Draft March 13, 2007 Mr. Adams questioned what would be considered a hardship? Chairman Munson replied mature trees that may have been threatened. He stated there is not a site plan or a layout and dimension plan, photos of the property or a summary of existing vegetation on the property which may help support the case. The Board only has the applicant asking for this fence. Board member Reynolds stated there are not any topographies presented either. Chairman Munson also stated public safety is an issue. He stated there has not been enough information presented tonight for the Board to make a decision at this time. Mr. Butler came forward and presented a picture of the property. Board member Moore stated it is not the responsibility of the Board to define hardship. He stated it is the responsibility of the applicant to present a hardship. Board member Reynolds stated if the hardship is for security, while that is significant, however, security has not been presented as a hardship in the past. Chairman Munson stated the application can be withdrawn or it can be requested that the Board table the case. Mr. Adams requested that the Board table the request so that he could meet with staff. Board member Reynolds moved to table case A-07-003. Board member Moore seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky 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 Board member Moore moved to remove case A-07-001 from the tabled items. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky Chris Fuller presented the case and briefed the Board members and stated the applicant is not present for the meeting. City of Colleyville Page 4 Printed on 4/2/2007 Zoning Board of Adjustment Minutes - Draft March 13, 2007 Board member Reynolds moved to table case A-07 -001. Board member Dellosso seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky 7. REPORTS AND COMMENTS None 8. ADJOURNMENT The meeting adjourned at 7:35 p.m. I hereby certify the above agenda was posted on the bulletin boards at City HaJJ on Thursday, March 8, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of C;o/leyville Page 5 Printed on 4/2/2007 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: 04/10/2007 File Name: Community Development Department Case A-07-004- PUBLIC HEARING - Request by Mike Tuggey for a variance from the regulations of the Colleyville Land Development Code regarding landscaping requirements on Lot 1, Block 1 of the Lavaca Trail Addition located at 8090 Precinct Line Road Agenda No.: 5a Requester: Attachments: Application . Applicant's Letter. Notification List History of Legislative File Version: Date: Acting Body: Action Text: 1 04/10/2007 Zoning Board of Adjustment Title Case A-07 -004- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding landscaping requirements on Lot 1, Block 1 of the Lavaca Trail Addition located at 8090 Precinct Line Road Explanation Matt Tuggey is the owner of a lot located at 8090 Precinct Line Road in the Lavaca Trail Addition. The applicant is requesting a variance regarding the landscape regulations of Chapter 4 - Landscaping and Buffering of the Land Development Code. The Land Development Code requires 20% of the total land area in any proposed development to be landscaped. In order to ensure a variety of plant materials, a minimum mixture of grass, shrubs, and trees are required to be planted within the development. Section 4.6(3)(a) specifies the permitted types of groundcover: All ground surfaces not used for buildings, sidewalks, roadways or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching. The general definitions of the aforementioned terms refer to organic matter. The applicant proposes to develop a commercial property with a landscape design that promotes water conservation and consists of drought tolerant plant species. The landscape plan deviates from the Land Development Code by proposing decomposed granite and Aztec stone in lieu of grass sod. The landscape plan complies with all other landscape regulations as required by Chapter 4 - Landscaping and Buffering. City of Colleyville Page 1 Printed on 4/5/2007 Agenda Briefing Continued Staff mailed notices to 4 property owners within 200 feet of the site. As of this writing, staff has received no written responses regarding the variance request. Section 4.6(1) of the Land Development Code states that any person aggrieved by Chapter 4 may appeal to the Zoning Board of Adjustment on the basis of hardship. CONCLUSION It is the opinion of staff that special circumstances do not exist for this property. However, staff recognizes that the value of landscape designs that promote water conservation and drought tolerant plant species. The request appears to be in harmony with the general purpose and intent of Chapter 4, and the proposed landscape plan does not appear to cause a negative impact on adjacent properties. Recommendation Approval as requested, subject to any conditions required by the Board. City of Colleyville Page 2 Printed on 4/5/2007 .~ 1'0&.. City of Colleyville 100 Main Street Colleyville, TX 76034 817.503.1050 t: 8 ~ :;:: ~ ~ .... 8 ~ ~ ~ Community Development Services Application \\'1'1 I( \ 110' 1'1'1 o Zoning Change o Special Use Permit o ~anned Unit Development &Site & landscape Plan o PreUminary Plat o Final Plat o Minor Plat o Amended Plat rsrf'oning Variance (ZBA) ~i~n Variance (SBA) o Special Exception o Interpretation Appeal . I'I{OI'IRI'I "llllnl\IIO' ~ ~ ""t . ~ I.t\ R' ""t ~ . ~ ~ "- ~ Project Nome: L i '" I <<. S y roo<> ~ J .'c..1 L L. c... Project Address (Location): e 01 0 7 r~et""e...\- \-i^, t2Q Legal Description: I,...G"f' J I --at-celt:. .,. J L.A\JAC).. -reA1L.. Jr"l>l>rr.oN., '"PHAse: 1 Proposed Number of Lots: I Gross Acres: I. ; S"" Proposed Zoning: Proposed Use: Existing Zoning: Existing Use: ~ ~ ~ ~ .... a "'" \U ~ ~ .5: ~ ~ ""t . "'" ~ ~ .... ~ ~ ~ ~ tll .~ t:: t:: ~ ~ . l.&.J ~ ~ ~ l.&.J ...., ...., 8 ~ ~ tJ ADDlcatlon Reaulrements: The applicant is required to submit sufficient information that describes and justifies the proposal. See appropriate checklst and fee schedule for minimum requirements. Incomplete appRcallons wII not be processed. \1'1'11( \'1 · 0\\ \II{ 1\1 Oln) \ 111)'\ APpncant:-.Mo...r'\- ~j~G"1 Company: Ltnl~s 7t"o/<U*t.....S L..~( Address:J~t.l C,.o'S{ -1i~L...,..l)('" Tel:&11....S~-801,.'1 Fox: 8f7-,2.-8)-030( City: So~41-lA.k.<... State:-t1- ZIP:-rt. O.,~ Email:~+....j1t..1 e. \lU'~.""i. Applicant's Status: (clleckone) ~er lJ Representative [J Tenant [J Prospective Buyer SQ-.L Company: Tel: Property Owner: Address: Fox: Email: state:_ ZIP: City: Ownership Status: (check one) [J Individual lJ Trust lJ Partnership CJ Corporation fOI" Deparlmenta' Use Only Caset: A-01-D01 I " <<"~ Total Feels): ~"J Receipt f: -.J 2X)% ~ SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME) Ma.+.r -r"~t SIGNATUR~ ~.,""~Yd- Dote:~ SIGNATURE OF PROPERTY OWNER (SIGN AND PRINT OR TYPE NAME) Na.#-r M~ SIGNATURE: A ~1 ~'( ~--- (Letter of authorization r~ed if signature is c&;er than property owner) CJl;tf "i'~N Rev: 02/07 Date Submitted: Accepted By: ~ Public Hearing Date:~ The property OWDer must slgD the appIleadon or submit. Dotarized letter of autborlzatioD. .~ l"e..... ZONING BOARD OF ADJUSTMENT APPLICATION CHECKLIST City of Colleyville 100 Main Street Colleyville T.X 76034 817.503.1050 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. Have you applied for a building pennit? ~ Have you filed an appeal or petition on this property before? DNo ~ ayes 1. Completely describe the variance you are requesting. S<.L ()"~+6-C ht. Q 2. Do similar conditions exist in the area? Explain. m_______.........~~_"....__~_~~_b!'_g_ 3. Describe how the unique conditions or circumstances do not result from your actions. 'See ~-\-\-tA-c. Lc Q -_..~._....__...-----_._._.._._-_.._..__.__.__._._-,...,------_._---_.__._---_._~_._....-_._-~_...._----_._---~._-..---....-...-----..--.-.-.---------.----.---.-----.--..........-...----.-- 4~.-I:~h~~~ a~y :~;~~ do Wh~t you~ant :ith:~t thi~. re~~est? ---~~.;~-..-~;J -l-~J:;Q-._-- 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 win 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 Deparbnent, 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 pannit. Applicanfs Initials ~ Date ~"J-.l D' 1. Completely describe the variance you are requesting. Weare seeking approval of a landscape design that does not include the use of any grass sod. 2. Do similar conditions exist in the area? Explain. Most of the area in undeveloped. A new office complex across the street does include grass sod adjacent to sidewalks and parking lots. 3. Describe how the unique conditions or circumstances do not result from you actions. Our instructions to the design team were to create an award winning design that promotes water conservation without sacrificing attractiveness. The design team has included drought tolerant, native plant species that have minimal water requirements. The drip irrigation system will also minimize water usage due to evaporation and overflow watering of sidewalks and parking lots. 4. Is there any way to do what you want without this request? Our goal is to set a new standard for commercial landscape design for Colleyville and surrounding areas. While we could save more than $50,000.00 by simply laying sod and installing an inefficient irrigation system, we wish to minimize water requirement and the effects of water rationing by implementing a design for the future. ~ ; I ~ t b1 Matt Tuggey LuuesPropertiesLLC 1361 Cross Timber Drive SoutlUake,Texas 76092 817-488-6937 . Friday, February 23, 2007 Mr. Chris Fuller Community Development Director City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Mr. Fuller: Please find enclosed a copy of the landscaping plan for 8090 Precinct Line. The enclosed plan is a modification from the original plan submitted to the City at the time we started construction of this building. We believe this plan meets all requirements outlined on the City ofColleyville website for commercial buildings. Please note that my instructions to the James Landscaping were to create an innovative design that was both drought tolerant and attractive. This design will be submitted to various org3ll17.ations for review and competition, as I believe it will set the standard for future designs in cities like Colleyville. This building will be partially occupied by Cosmetic and Family Dentistry of North Texas, a company owned and operated by my spouse, Dr. Jean Tuggey, and myself. Please call with questions or comments. Sincerely, ~;;:;'yY~ Linles Properties, LLC 1,D1 .,.J ,,). ",\k ). \ (\ \" o ",\\rV V\~,,- ~~. . ) &fAr },JI....t" .JCl< CA v. " (!1) 'Jtl Notification List OWNER_NAME Rcp Cedar Creek Park Ltd Souder, William D Texas, State Of Matt Tuggey, applicant OWNER OWNER_ADDR CITY 32 Village Ln Ste 200 Colleyville 305 Brookridge Ct Hurst PO Box 6868 Fort Worth 1361 Cross Timber Dr. Southlake OWNER STATE TX TX TX TX OWNER ZIP SITUS_ADDR 76034 000000 Lavaca Tr 76054 008070 Precinct Line Rd 76115 000000 Precinct Line Rd 76092 .,'(;;~^" 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: 04/10/2007 Requester: Community Development Department File Name: Case A-07 -005- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front and side setback requirements on Lot 10, Block 1 of the Castleton Manor Addition located at 6901 Sir Spencer Court Agenda No.: 5b Attachments: Application . Letter in Favor. Portion of Plat. Exhibits History of Legislative File Version: Date: Acting Body: Action Text: 1 04/10/2007 Zoning Board of Adjustment Title Case A-07 -005- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front and side setback requirements on Lot 10, Block 1 of the Castleton Manor Addition located at 6901 Sir Spencer Court Explanation Tony Johann is the owner of a lot located at 6901 Sir Spencer Court in the Castleton Manor Addition. The applicant is requesting a variance to construct a trellis over the front and side building line setbacks. The subject property has a minimum 10-foot side yard setback requirement along the northern portion of the property and a minimum 30-foot setback requirement along the southern portion of the corner lot. The owner proposes to install a trellis (approximately 9-foot wide by 10S-foot deep) in the northern side yard, across the 10-foot building line. Also, the owner proposes to install a trellis (approximately S-foot wide by 40-foot deep) in the southern side yard, across the 30-foot building line. The proposed trellis in the northern side yard will be approximately 9-foot 6-inches high and the trellis in the southern side yard will be approximately 12-foot high. The property is zoned R20 (Single Family Residential). The set back regulations for this zoning district are established by the Land Development Code: City of Colleyville Page 1 Printed on 4/5/2007 Agenda Briefing Continued Front Yard: 30 ft. Side Yard (north): 10 ft. Side Yard (south): 30 ft. (corner lot, as designated on final plat) Rear Yard: 25 ft. Staff mailed notices to 17 property owners within 200 feet of the site. As of this writing, staff has received one written response in support of the variance request. CONCLUSION It is the opinion of staff that special circumstances do not exist for this property. However, staff recognizes that the proposed trellises do not pose a public safety threat nor do they appear to cause a negative impact on adjacent properties. Recommendation Approval City of Colleyville Page 2 Printed on 4/5/2007 ~ 1"'0.... City of Colleyville 100 Main Street Colleyville, TX 76034 817.503.1050 E:. a qj ~ ~ :::::: e J Community Development Services Application . Proposed Number of Lots: I Gross Acres: ~ ~ " ~ Existing Zoning: ~:(O Existing Use: .sf=" Proposed Zoning: Proposed Use: ::F qt ~ ~ :::: a .... ~ ~ ~ ~ "'1 . .... ~ e ~ as :so ~ ~ ~ g- .~ ~ ~ . ~ ~ ..... ..... 8 ~ ~ Application ReQuirements: The applicant is required to submit sufficient Information that describes and justifies the proposal. See appropriate checklist and fee schedule for minimum requirements. Incomplete applications will not be processed. Applicant's Status: (checkone) ~er [J Representative [J Tenant [J Prospective Buyer Property Owner: Address: ~. Company: Tel: Fax: City: state:_ ZIP: Email: Ownership Status: (check one) [J Individual [J Trust [J Partnership [J Corporation SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME) for Depadmental Use Only Case #: 1] - O-::t -{)OS" Date: ""? - (. - t>(' Total Feels):.-J d.~~ M{^3 ~ ~ Receipt #: I ~LJiV . OWNER (SIGN AND PRINT OR TYPE NAME) Rev: 02/07 Da'eSUbmilted:~ Accepted By: ~ Public HearingDale:~ SIGNATURE: (letter of authorization required if signature Is other than property owner) The property owner must sign the application or submit a notarized letter of authorization. c+ "'oa:.- ZONING BOARD OF ADJUSTMENT APPLICATION CHECKLIST City of Colleyvm 100 Main Stree Colleyville TX 7603. 811.503.]051 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. Have you applied for a building permit? ~ 1:1 No Have you filed an appeal or petition on this property before? ~ 0 Yes 1. Completely describe the variance you are requesting. .?~~ ~ / a~~. 2. ;g;;nrJitions exist In the area? Explain. ~ - 1116!W avdDwn ~,v 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 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 ~ y_ Date 3-7-07 Page 1 of 1 Amy Shelley From: CHUCKCCOlE_ Sent: Monday, March 26, 200710:31 AM To: Amy Shelley Subject: **SPAM AlERT**Tony Johann I received an application for lot 10, Block 1 of Castleton Manor for a Variance for front and side yard setbacks. I am the owner of record under Coles 4-C Ranch, dba Cole Builders, for the addresses of 6704 and 6707 Ethridge, and 6904 Sir Spencer Court. I am in favor of the change for Mr. Johann and trust this em ail will suffice for a written response. Chuck Cole 972-824-2590 AOl now otters free email to everyone. Find out more about what's free from AOl at AOL.com. 3/26/2007 .... 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I, Ho:~ f j j!' h llil dti l~i 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: 04/10/2007 Requester: Community Development Department File Name: Case A-07-006 - PUBLIC HEARING - Request by Christopher Waitman for a variance from the regulations of the Colleyville Land Development Code regarding the rear setback requirements on Lot 1, Block 2 of the Tiffany Park Addition located at 4309 Tiffany Par Attachments: Application . Notification List. Exhibits Provided by Applicant. Letter from HOA Agenda No.: 5c History of Legislative File Version: Date: Acting Body: Action Text: 04/10/2007 Zoning Board of Adjustment Title Case A-07 -006 - PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear setback requirements on Lot 1, Block 2 of the Tiffany Park Addition located at 4309 Tiffany Park Lane Explanation Christopher Waitman is the owner of a lot located at 4309 Tiffany Park Lane. The applicant is requesting a variance to construct an in-ground swimming pool over the minimum required rear yard building line setback. The subject property has a minimum 10-foot rear yard setback. The owner proposes to install a swimming pool in the rear yard, which will extend approximately nine feet into the required 10-foot building line setback. The pool will be located within one foot of the property line for a length of approximately 22-feet along the property's southern boundary (as stated in an attached memo from the Tiffany Park HOA). The zoning requirements of this residential property have been amended by ordinance number 0-04-1487, establishing building line setbacks as follows: Front Yard: 15 ft. Side Yard (left): 6 ft. (Brown Trail Side) Front/Side Yard (right): 15 ft. Rear Yard: 10 ft. City of Colleyville Page 1 Printed on 4/5/2007 Agenda Briefing Continued Staff mailed notices to 23 property owners within 200 feet of the site. As of this writing, staff has received one written response in support of the variance request. The received written response was from the Tiffany Park HOA, acknowledging the pool location and stating that the proposed location does not violate the association's covenants, conditions or restrictions. CONCLUSION Staff recognizes that the proposed swimming pool does not pose a public safety threat nor does it appear to cause a negative impact on adjacent properties. Recommendation Approval City of Colleyville Page 2 Printed on 4/5/2007 ~~ l'~&.. City of Colleyville 100 Main Street ColIeyviIJe, TX 76034 817.503.1050 ~. a ~ :;:: ~ ::::: a I Community Development Services Application \1'1'L1( \ 110\ I'll'/. I, i ' ': 'r o Zoning Change o Special Use Permit o Planned Unit Development o Site & Landscape Plan o Preliminary Plot o Final Plot o Minor Plat o Amended Plat ~oning Variance (ZBA) o Sign Variance (SBA) o Special Exception o Interpretation Appeal . ~ c:i .... . a 11\ t:::' ~ ~ . ~ ~ " ~ I'IWI'L1{ I' 1\ I Ol{" \ II()\ Project Name: r nN ST~crl01\J Of \(E-S 1 OE-NT ,A-L. 'l=boL- Project Address (Location): ~ 3D1-J:iEFAN'I ~((~ LAN6 / v,L..L.E.~u.E ,"~ 1t,O-3'f Legal Description: J-o T 'J 'BLC1 ~ '"2.. 'fi'FrPrN"I ~tt"- A-POl,. 1:) N Proposed Number of Lots: Gross Acres: Existing Zoning: Existing Use: Proposed Zoning: Proposed Use: lit ~ ~ :::::: a I Application ReQuirements: The applicant Is required to submit sufficient information that describes and justifies the proposal. See appropriate checklist and fee schedule for minimum requirements. Incomplete appDcaUons will not be processed. \1'1'11< \\ I · 0\\ '\\:1{ 1\1 OInl \ 110\ .S ~ ~ .... . .... 6 [ ~ ~ ~ l ~ i ~ Q;; . ..... ~ -..I ~ \oJ ~ ~ Applicant: G.t~lS ToPlltJ(... W MTm MJ Address:~3C>4l\FfBNV tlwt~~ Tel:~Fax:lL}.2HJ.t}3'1J CitvC~lJU...L.E State~ ZIP:~Email:WA.TmI\N8S~toeAL-.~ Applicant's Status: (checkone) ~wner a Representative a Tenant a Prospective Buyer Company: CS6 L.. F Property Owner: ~'>TO~ ~G~frtrmA-tJompany: ~ Address:~cP\ \\F F~'1 ~ lANE.. Tel:~ax: rfl' 281. ~34.1 City:~~ VI L.L.E" State:l'x' ZIP:1-1.0 ~'+ EmaiJ: WMTtrl~@) S8CGL0B4-L,.t.! Ownership Status: (check one) ~dividual [J Trust [J Partnership a Corporation AND PRINT OR TYPE NAME) Date:~ For Departmental Use Onty Case #: A-o-:; -oo(P Total Fee(S)~ I a~ Receipt#: laoW0 *; Date Submitted: 3 J B 101- SIGNATURE: {le~;mJ$7bo ;J~red if signature TIJ~pr"~<ift1kJAt~ The property owner musl sign t~PPli~ submit a nota~d W;er of autborization. RECEIVED MAR 0 8 200lRev: 02/07 Accepted By: Public Hearing Date: Per ............. ~ 'l'e... ZONING BOARD OF ADJUSTMENT APPLICATION CHECKLIST City of Colleyville 100 Main Street Colleyville TX 76034 817.503.1050 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. Have you applied for a building permit? ~s (J No Have you filed an appeal or petition on this property before? ~o (J Yes 1. Completely describe the variance you are requesting. To 6U,LO A- fboL- ON OUR. ~f'~t:T'1 A-LOI J"\K- ~~""C\f utJe trv A- 'l~ lOT UAJcc.. ~(.~.1"Wit.E- l.S ~ f f"Ee'" ~TI/.)fMtJ 0Jt.. Nt.\G.w-eof s sr'\lc.,;u~ AtJD 11tE- R../rIJAJti.D ~L W*tcl.l tS ~E060 To OU~ \.t.~ f6~ -rW~ -P6-\l~ ?lAfJ 2. Do similar conditions exist in the area? Explain. '-i6s. ~E;.R~ A~6 ~ LU-~T-nuo Oi~ \<<rtl6S IN -r\r}~ SV601V)S\OI\J ~tnl POOL.~ 3. Describe how the unique conditions or circumstances do not result from your actions. TltE. J..o"T~ ~~ Vc~"l ~A-i.-L. ItV .,.........05 CornmUrJ1T~ ~&-(l 1lr:k6- OG\I6-l,.O~~S l' ~ ~ , ~ rno~T' V I L..L..A" o(i!.. ?S ~ LO"T LI fJ I.- LotnmllN l"'l "" :; 4. Is there any way to do what you want without this request? NO. ~ ~Gb~ ~E-TW6-&iJ \~ ~~5 !JJ ~ SO~.V\~}tyj ~ aT \f"r\P~~'CA-L To '"1>\)11-0 Pi f'fX)L- ~o ~'fW\U 5" F6-~T F.e.l)ff) L~N{;. 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 oard of Adjustment action does not constitute the approval of a building permit. Date ~ RECEIVED MAR 0 8 Z007 Applicant's Initials : Per ............. OWNER NAME Adams Homes Inc Adams, William A Ira Rollover First State Bank Gainesville First State Bank Gainesville First State Bank Gainesville First State Bank Gainesville First State Bank Gainesville First State Bank Gainesville Fisher, Alexander C Etux M G Gardner, David J Etux Susan A Gary Panno Inc Gary Panno Inc Gary Pan no Inc Rivers, William Etux Alynne Schweitzer. Jon W Tiffany Park Ha Inc Tiffany Park Ha Inc Tiffany Park Ha Inc Valtman, Debra Ann White, Jeanne Etvir William E Wishard, Bruce Bridlewood Estates HOA Christopher Waitman, Applicant Notification List OWNER ADDR PO Box 202185 801 E California St 801 E California St PO Box 10 PO Box 10 PO Box 10 PO Box 10 PO Box 10 PO Box 1793 4304 Tiffany Park Ln PO Box 715 PO Box 715 PO Box 715 4214 Green Meadow St W 4216 Green Meadow St W 6420 Remington Pkwy 6420 Remington Pkwy 6420 Remington Pkwy 509 Waterford Ln 4306 Green Meadow St W 437 Carrillo St 4103 Paddinton Lane 4309 Tiffany Park Lane OWNER CITY Arlington Gainesville Gainesville Gainesville Gainesville Gainesville Gainesville Gainesville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Santa Rosa Colleyville Colleyville OWN STATE TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX CA TX TX OWN ZIP SITUS_ADDR 76006 004300 Tiffany Park Ln 76240 004308 Tiffany Park Ln 76240 004316 Tiffany Park Ln 76241 004309 Tiffany Park Ln 76241 000516 Waterford Ln 76241 004305 Tiffany Park Ln 76241 000513 Waterford Ln 76241 000429 Waterford Ln 76034 000505 Waterford Ln 76034 004304 Tiffany Park Ln 76034 004312 Tiffany Park Ln 76034 004301 Tiffany Park Ln 76034 000501 Waterford Ln 76034 004214 Green Meadow W 76034 004216 Green Meadow W 76034 004320 Tiffany Park Ln 76034 000521 Waterford Ln 76034 004317 Tiffany Park Ln 76034 000509 Waterford Ln 76034 004306 Green Meadow W 95401 004109 Brown Tr 76034 76034 r'l'r-..t t f PROPERTY LINE ":'~.'O . .... .;:,~; ~..,n~ o >- 0 foA1 ~:Qro ~p:ll:"""'D l>-t:t:l ~Z-<'"' O~<I-C ~ I-l">:l ,-a C'). t'"' "d tr:O~> .. c:: c:<;I :z: ~.. HI :3:~ D>-~I-1'" ~ ~> ~J ~ o '"-I~ o Q'I Ot"' ,....., W !2: UI &>- . ;.C I c: - "tI > ~ .... o :;d tc:l en ~ :::I ~ = o I;2j J PLANTER PAGE 2/2 I I / RECEIVED MAR 0 8 2007 Per .............. [l.R.T.C.T. = Dt:fORECOROS RECORDS, TARRANT couN . 3) PRI\IATE OflEN SPACES (P. 01Mll'E:~S' ASSOCIAiION. . 4) LOT 23, I3LOCK 1 $HAlL BE EASEMENT . 5) EXI13T1NG EASEMENTS A. IN CAeINET A. S..IOE 1234, P. APPROVAL. OF THIS PLAT. 6} PLAT BEARINGS AND DISi PLAT REWROEO IN CABINE Dev TIFFANY G 5420 RE;MIN COLLEYVIL .a 17 -490-e20e OONTACT .~ I.Z 8:5 ! BLOCK 2 1A~ ' ~I~~ 5:tll ~ ~~~., m -t.~,..... 7.~S,F ~:l :"'f"b~' ~> "':;'. '.:: ~. ~. '. ~....:. :.:"'1' . :.~: '~y.~",; till .?:: . J' '. . -'.' 108.35~' r--. . .I~ ' (J) ~ ~( '~~ 7 ~ _ oq .4206.F. ~ ~Ii ~ .I't"':- :...-:: .: ~ ~ .. . l'1'I .... . w .... YI ~ ~ n.~l' 25.::;' ,-- . 890JO'20" E 295.69' 106.41:" ..-Q=""lL")' tt.K . I L 6?.~~ ~f ~ 1 o r'Iol '~17 To: City OfColleyviIle The Tiffany Park Home Owners Association, Inc. has reviewed and approved Mr. Waitman's plans for the construction of a pool on Lot 1, Block 2, Tiffany Park Addition, also know as 4309 Tiffany Park Lane. Mr. Waitman has previously filed this design with the City ofColleyville in application for the appropriate building permits. This application led to a request for variance addressed by this letter. The Tiffany Park Addition is a zero lot line villa community. In the Covenants, Conditions, and Restrictions some lots are identified as being entitled to use 5 feet ofthe adjoining property, along the shared property line all the way to the wall of the adjacent home. Lot 1, Block 2, has been accorded the exclusive use of5 feet of Lot 2, Block 2 and will be fenced accordingly. The Board is aware that the proposed pool construction places the pool within 1 foot of this property line for a run of22 feet on the southern boundary of Lot 1, Block 2. This plan does not violate the covenants, conditions, and restrictions of the Tiffany Park Addition in the opinion of the Architectural Control Committee and Board, which comprises the interpretive authority for the Tiffany Park Home Owners Association. The plan has been approved by the Tiffany Park H.A., Inc., per the package of information submitted to the City ofColleyville. JP_d I ()7 817-498-1972 (,o~--{ C City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Status: Board Tabled Items Version: Agenda Date: 04/10/2007 Controlling Body: Zoning Board of Adjustment Requester: Community Agenda No.: 6a 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 File Type: Case Attachments: Application . List of Property Owners Notified . Exhibits . Letter from Applicant History of Legislative File Version: Date: Acting Body: Action Text: 02/13/2007 Zoning Board of Adjustment 1 03/13/2007 Zoning Board of Adjustment 1 04/10/2007 Zoning Board of Adjustment Title Case A-07-001- PUBLIC HEARING - Request 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 4-10-07 Staff spoke to the applicant on April 3, 2007 requesting his presence at the April 10, 2007 meeting. The applicant has submitted a letter requesting that this case be discussed and voted on at this meeting. The letter is attached to the agenda briefing. 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 City of Colleyville Page 1 Printed on 4/5/2007 Agenda Briefing Continued 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. 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 shaff have the authority to consider requests for a variance of a zoning regulation.... When the appropriate use of the neighboring properly 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 4/5/2007 A-07 -001 Terry Awalt, applicant 6508 Bordeaux Park Colleyville, TX 76034 Adams Homes rnc PO Box 202185 Arlington, TX 76006 Benner, C M Wolfgang Etux Shal 6510 Lorraine Park Colleyville, TX 76034 Gary Panno rnc 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 rnc 500 Clinton Center Dr Clinton, MS 39056 Westgate Villas Ltd PO Box 611 Colleyville, TX 76034 1 St 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 rnc PO Box 211564 Bedford, TX 76095 Westling, Michelle 6506 Lorraine Park Colleyville, TX 76034 April 4, 2007 Dear City of Colleyville, Documents were turned in January, 2007 in request for a Variance for a pool on our property at 6508 Bordeaux Park, Colleyville, TX 76034. At that time I was informed that the meeting for January was not going to take place, but that the request would be discussed at the February 13,2007 meeting. I was contacted that the decision was tabled until the March 13, 2007 meeting. Request was made for additional copies of paper work already submitted, as well as a letter from the home owner's association for Rosewood Villas. These were turned in. Again, I was notified that the decision was tabled for the April meeting, however, this time there was no request for additional information from me. Yesterday I was contacted that my presence was essential for the decision on the variance requested. I had not been informed of this prior to yesterday. With notice it might have been possible for my husband or I to reschedule business trips that each of us bas on our calendars. At present, my husband and I will be away on business for the April meeting, and would like to ask that our request for a variance be discussed and decided on at this meeting. Thank you, c:s~ Elizabeth Awalt 6508 Bordeaux Park Colleyville, TX 76034 817-788-9926 RECEIVED APR 0 4 2.007 I Per .............