HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-7/12/2007ems,.,
City of Co I I eyv i I I e Colleyvil e, Texas 76034
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Meeting Agenda www.colleyville.com
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Zoning Board of Adjustment
Thursday, July 12, 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 and Uton Dellosso (Alternate 2)
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
June 12, 2007
5. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBER
Kevin Sams, Alternate 1
6. AGENDA ITEMS
6a Case A-07-013- PUBLIC HEARING -Request for a variance from the
regulations of the Colleyville Land Development Code regarding fence
requirements on Lot 9, Block 1 of the Stafford Heights Addition located
at 4600 Stafford Drive
sb Case A-07-014- PUBLIC HEARING -Request for a variance from the
regulations of the Colleyville Land Development Code regarding side
setback requirements on Lot 8, Block 2 of the Summerbrook Estates
Addition located at 2405 Danbury Drive
6c Case A-07-015- PUBLIC HEARING -Request for a variance from the
regulations of the Colleyville Land Development Code regarding front
and side setback requirements on Lot 1, Block 1 of the F.P. Powell
Addition located at 2203 Oak Knoll Court
7. REPORTS AND COMMENTS
City of Colleyville Page 1 Printed on 7/5/2007
Zoning Board of Adjustment Meeting Agenda July 12, 2007
8. A OURNMENT
hereby ify the ab~
on Friday, my 6, 2007
igenda was posted on the bulletin boards at City Hall
:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 2 Printed on 7/5/2007
City of Colleyville
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www. Colleyville. com
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Minutes -Draft
Tuesday, June 12, 2007
7:00 PM
City Council Chambers
Zoning Board of Adjustment
f I ~ _ __
"" " City of Colleyville
,~
`~"~ Minutes -Draft
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Zoning Board of Adjustment
100 Main Street
ColleyviNe, Texas 76034
{817) 503-1000
www.colleyville.com
Tuesday, June 12, 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 June 12, 2007 at 7:00 p.m.
2. ROLL CALL
Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich
Munson and Dee McNosky
Absent: Board member Uton Dellosso (Alternate 2)
Vacant Position: Alternate 1
Staff Present: Chris Fuller, Ron Ruthven and Amy Shelley
3, PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Moore moved to approve the May 8, 2007 meeting
minutes as written. Board member Kenney seconded.
The motion carried by the following vote:
Aye: 5 -Kenney, Reynolds, Munson, Moore, McNosky
Absent: 1 -Dellosso
5, AGENDA ITEMS
5a Case A-07-012- PUBLIC HEARING -Request for a variance from the
regulations of the Colleyville Land Development Code regarding side
setback requirements on Lot 1, Block 1 of the Remington Park Addition
located at 6205 Remington Parkway
Chris Fuller presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:07 p.m.
Sam Palacios, the applicant, came forward to present the case and brief
the Board members.
City of Colleyville Page 1 Printed on 6/13/2007
Zoning Board of Adjustment Minutes -Draft June 12, 2007
Candy Bell, the applicant's sister-in-law, came forward to present the
case and brief the Board members.
Board member Kenney questioned Mr. Palacios regarding where on
drawing do cars stop or do they turn into the drive that is on the north
side? Mr. Palacios replied they turn around on the east side of the
property which is not a through street, Van Oaks Drive, and it ends on
Remington Parkway, where there is a barrier.
Board member Kenney questioned Mr. Palacios regarding where is the
pool going to be placed, in the side yard or back off of the rear patio?
Mr. Palacios replied off the rear patio.
Board member Moore questioned Mr. Palacios if the wooden fence
would be extended? Mr. Palacios replied no, they are going to use
wrought iron fencing as suggested by the Remington Homeowners
Association. Board member Moore stated having concerns with
extending the wooden fence which would block the neighbors view. He
stated he would support wrought iron materials. Mr. Palacios replied he
is going to use wrought iron.
Board member Munson questioned Mr. Palacios regarding how large is
the pool going to be? Mr. Palacios replied not knowing at this time.
Board member Munson stated not knowing why the fence needs to be
moved to construct a pool. Mr. Palacios replied he wants to create
another play area for his other child. Board member Munson replied not
being supportive of moving the fence more than 15 feet. Mr. Palacios
stated the street is not a through street and he stated wanting to take full
advantage of his property.
Board member Reynolds questioned staff regarding if the property
owners to the back of the subject property were notified? Chris Fuller
replied yes. Board member Reynolds questioned staff if the Remington
Park HOA was notified? Chris Fuller replied yes. Mr. Palacios replied
the Vice President of the Remington Park HOA sent him to the Board for
the variance request and he has approved it with wrought iron materials.
Board member Reynolds stated wanting something in writing from the
HOA stating this has been reviewed and stated he would then be
inclined to vote in favor of the request.
Board member Moore stated a wrought iron fence has been approved
not far away from this request, within about 2 feet inside the sidewalk.
Board member Munson concurred, but that particular lot had a tree on
the property which made it difficult to work with the property.
Board member Reynolds stated it sounds like the HOA wants to support,
City of Colleyville Page 2 Printed on 6/13/2007
Zoning Board of Adjustment Minutes -Draft June 12, 2007
however, there needs to be something in writing.
Board member Munson questioned Mr. Palacios regarding where are the
barricades located? Mr. Palacios replied at the end of Van Oaks Drive at
the intersection of Remington Parkway on the east side of his property.
There being no one wishing to speak, the public hearing was closed at
7:34 p.m.
Board member Reynolds moved to approve case A-07-012. Board
member Moore seconded with an amendment that the new fence
extension be constructed with wrought iron materials. Board member
Reynolds accepted.
Board member Munson questioned the Board regarding how many feet
from the property line?
Chairman McNosky questioned staff regarding the placement of the
extension, either five or seven feet from the property line? Chris Fuller
replied being supportive of what the Board recommends. Chairman
McNosky recommended seven feet. Board member Reynolds stated
that being acceptable. Mr. Palacios agreed and stated seven feet would
work.
Chairman McNosky recapped the motion being an approval for the
variance request with the new fence extension be constructed with
wrought iron materials and be placed within seven feet of the property
line.
The motion carried by the following vote:
Aye: 5 -Kenney, Reynolds, Munson, Moore, McNosky
Absent: 1 - Dellosso
6. REPORTS AND COMMENTS
None
7. ADJOURNMENT
Meeting adjourned at 7:39 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, June 7, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
Cify of Colleyville Page 3 Printed on 6/13/2007
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~-~ ~ t ~~ City of C o I I eyvi I l e Colley ~I a aTexas 76034
(817) 503-1000
~•~~- Agenda Briefing www.colleyville.com
File Number: File Type: Case Status: Board Public
Hearing
Version: 1 Agenda Date: 07/12/2007 Controlling Body: Zoning Board of
Adjustment
Requester: Community Agenda No.: 6a Final Action:
Development
Department
File Name: Case A-07-013- PUBLIC HEARING -Request for a variance from the regulations of the
Colleyville Land Development Code regarding fence requirements on Lot 9, Block 1 of the
Stafford Heights Addition located at 4600 Stafford Drive
Attachments: Location and Zoning Map Application Fence Diagram
History of Legislative File
Version: Date: Acting Body: Action Text:
1 07/12/2007 Zoning Board of
Adjustment
Title
Case A-07-013- PUBLIC HEARING -Request for a variance from the regulations of the
Colleyville Land Development Code regarding fence requirements on Lot 9, Block 1 of the
Stafford Heights Addition located at 4600 Stafford Drive
Explanation
Brent Wall with Metro Code Analysis, representing property owners Ron and Kathy
Sturgeon, is requesting a variance on the residential lot located at 4600 Stafford Drive. The
applicants are requesting a variance to allow an existing 8-foot wrought iron and masonry
column perimeter fence to remain on the property.
There is an existing 8-foot wrought iron and masonry column perimeter fence located along
the property line of the lot. The existing fence was constructed without staff review and
without approval of a fence permit. Section 3.26.D of the Land Development Code restricts
the location and design of fences located in front yards. The regulations restrict the height
of the fence to 30 inches, and the fence must be constructed of not more than 25% solid
construction.
The designated zoning of this property is R-40 and the established building line setbacks
are as follows:
Front Yard: 40 ft.
Side Yards: 15 ft.
Rear Yard: 25 ft.
City of Colleyville Page 1 Printed on 7/6/2007
Aaenda Briefing Continued
The applicant did not specify any unique conditions or circumstances on the variance
request application submitted.
Public Notification. Staff mailed notices to 9 property owners within 200 feet of the site.
As of this writing, staff has received no written response in acknowledgement of the
variance request.
Summary. Staff recognizes that the proposed fence does not pose a public safety threat
and that there are other perimeter fences located along the southern portion of Stafford
Drive. Staff also notes that the fence has already been installed without first obtaining a
fence permit.
Recommendation
Approval; with the condition that a fence permit be required and the associated fees (e.g.
double permit fees for installing the fence prior to obtaining an approved fence permit) be
paid prior to approval of the fence permit.
City of Colleyville Page 2 Printed on 7/6/2007
Location and Zoning Map
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Community Development Services Application
City of Colleyville
100 Main Street
Colleyville, TX 76034
817.503.1050
^ Zoning Change ^ Preliminary Plat ICI Zoning Variance fZBA)
^ Special Use Permit ^ Fnal Plat ^ Sign Variance SBA)
^ Planned Unit Development ^ Minor Plat ^ Special Exception
^ Site 8~ Landscape Plan ^ Amended Plat ^ Interpretation Appeal
Project Name:
Project Address (Location):
Legal .Description:
Proposed Number of Lots:
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Gross Acres:
Existing Zoning: 1`. `'t~J Proposed Zoning: _
Existing Use: _ ~ ~ Proposed Use:
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Address: ~ ~ ~~f~~ ~ ~' Tel: (~ I . ~J/ ~~I Fax: /~~ "~~~~~~~ ~ 33
City: ~(~" ~b~`~lry - State ZIP: ~~~ Email: ~W0.`~ (Oy { T~¢.(r U~12 -~
Applicant's Status: (check one) ^ Owner l"lRepresentative O Tenant O Prospective Buyer
Property Owner: d' ~rr~l'T~~-Xw~ Company:
Address: I70 7 ~~~~ , fD~i'I~ r`2 Tel: d'~7 9L.r' ~z ~~ Fnax: ~/7 ~~~f~77
City: r State ZIP: ~ Email: ~O1`lft~~-j~^)YF-J~i£/lJ Cep
Ownership Status: (check one)~dividual ^ Trust O Partrietship O Corporation
For Deportmenfol Use Only
SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME)
C~ Case ~:
V v -' Date: ~
SIGNATURE: ~
Total Fee(s):
SIGNATURE OF P OPERTY OW R (SIGN AND PRINT OR TYPE NAME)
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(Letter of authorization req d if signature is other than property owne1
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The property owner must sign the application or submit a notarized letter of authorization. Accepted By:
MAY 2 ~ 2007
Public Hearing Date:
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AapliCation 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.
c+•r o, _ City of Colleyvil
® VARIANCE OR APPEAL APPLICATION 100 Main Stre
Colleyvillc TX 760:
,.._,. CHECKLIST s17.so3.lo:
.-
Please answer the following questions as completety 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? ~ Yes ^ No
Have you filed an appeal or petition on this property before? ~No ^ Yes
1. Completely describe the variance you are requesting. ~~,L~~~~,~,~,~i~~~it,(,d~l~ ~`j~
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3. Describe how the unique conditions or circumstances do not result from your actions.
4. I~~sJJ~~,,there any way to do what you want without this req//uest? )(/rp~ `~~~y ~,~~ ~~,~._J~'J~~~
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Acknowledgments
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 1 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 Board's action does not constitu the approval of a building permit.
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~~~~~~ City of Colleyville Colleyville, Texas 76034
(817) 503-1000
'~~"" /~1ge11C~a BPleflt'tg www.coueyviue.com
File Number:
File Type: Case
Status: Board Public
Hearing
Version: 1
Requester: Community
Development
Department
Agenda Date: 07/12/2007
Agenda No.: 6b
Controlling Body: Zoning Board of
Adjustment
Final Action:
File Name: Case A-07-014- PUBLIC HEARING -Request for a variance from the regulations of the
Colleyville Land Development Code regarding side setback requirements on Lot 8, Block 2 of
the Summerbrook Estates Addition located at 2405 Danbury Drive
Attachments: Location and Zoning Map Application Site Plan and Exhibits Approximate Location of
Pool Portion of Summerbrook Plat
History of Legislative File
Version: Date: Acting Body: Action Text:
1 07/12/2007 Zoning Board of
Adjustment
Title
Case A-07-014- PUBLIC HEARING -Request for a variance from the regulations of the
Colleyville Land Development Code regarding side setback requirements on Lot 8, Block 2
of the Summerbrook Estates Addition located at 2405 Danbury Drive
Explanation
Glen Wyant is the owner of 2405 Danbury Drive. The applicant is requesting a variance to
extend 5 feet into the required 10 foot side yard setback in order to construct a 464 square
foot addition to his single family residence.
The designated zoning of this property is R20-Single Family Residential and the plat
requires the following building lines:
Front Yard: 30 ft.
Side Yard (street side): 15 ft. (also a 25' drainage and utility easement)
Side Yard (west side): 10 ft.
Rear Yard: 25 ft.
The applicant wants to build the addition for his mother-in-law as she now lives with him
since her husband recently died. Since she cannot walk upstairs without assistance, the
applicant is proposing to build an extra room downstairs. Since there is an existing
swimming pool in the backyard, the applicant feels the only place to build the addition is
along the western portion of the house encroaching on the west side yard setback.
City of Colleyville Page 1 Printed on 7/6/2007
Agenda Briefin_g Continued
Public Notification. Staff mailed notices to 15 property owners within 200 feet of the
subject property. To date, staff has received no letters in opposition or in favor of the case.
Summary. Although the proposed addition to the house in order to accommodate an
immediate family member is an understandable function of homeownership, the requested
variance cannot be viewed as a hardship by staff as there are no special conditions and
circumstances that exist which are peculiar to the land and the existing house which are not
applicable to other lands, structures, or buildings in the same zoning district or
neighborhood.
Recommendation
Denial due to technical non-compliance with the Land Development Code.
Cify of Colleyville Page 2 Printed on 7/6/2007
Location and Zoning Map
~ANBU RY Site '
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Community Development Services Application
City of Colleyville
100 Main Street
Colleyville, TX 76034
817.503.1050
^ Zoning Change ^ Preliminary Plat ^ Zoning Variance (ZBA)
^ Special Use Permit ^ Final Plat ^ Sign Variance (SBA)
^ Planned Unit Development ^ Minor Plat ^ Special Exception
^ Site 8. Landscape Plan ^ Amended Plat ^ Interpretation Appeal
Project Name:
Project Address (Location): __ ~- / dS ~,9,v~3G~~
Legal Description: ~t~~oM A~~Tx~
Proposed Number of Lots:
Existing Zoning:
Gross Acres:
Proposed Zoning:
Existing Use: Proposed Use:
A~pliCatiOn Requirements: The applicant is required to submit sufficient information that describes and justifies the proposal.
See appropriate checkl(st and fee schedule for minlmum requkemenfs. Incomplete applkaHons will not be processed.
Applicant: y (-~1J r\ ~'~ ~ 1 Company:
Address: 02 ~0.~ l~~t,•~/,U ~ Q2~ t/ Tel: ~6>'1" ~ 3S -cx~'tL Fax: k l ~ " ~ ~~ ~z2 3
City: ~ "L Vybr: ~ Stater ZIP: ~~~~ Email: ~' 2t,-l U
Applicant's Status: (check one) el Owner ^ Representative ^ Tenant O Prospective Buyer
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Property Owner: y Company:
Address: ~- ~~ ~ -~ ~~~ Ll 'e'~ ~m-L~/~-r Tel: Fax:
City: ~ ~'`~y~~ State:/ ZIP: ~~o ~ 3`i Email:
Ownership Status: (check one) dividual ^ Trust ^ Partnership ^ Corporation
SIGNATURE OF APPLICANT ({SI~GfN~A~ND PRINT OR TYPE NAME)
SIGNATURE: + """ Date: ~ (O U7 ~~
SIGNATURE OF PROPERTY OWNER (SIGN AND PRINT OR TYPE NAME]
SIGNATURE: C~
(Letter of authorization required if signature is other than property owner)
The propcty owner must sign the application or submit a notarized letter of authorization.
For Depart/m~ enta~'U']s~e Ony
Case #~: f"1 ~~ T `~~~
Total Fee(s): ~~J
Receipt #~:
Data Submitted: .c.¢ (l~
Accepted By: /`I O
Public Hearing Date: ~ Z ~'
1 - Rev:02/07I
APR-25-2007 12 43 AM Dunlap Construction 8172842048 P, 4
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~~ _~ , ~~~ ~~ ~~~~~ ~~~~~ 100 Main Street
Y Y Colleyville, Texas 76034
' (817) 503-1000
"~ Agenda Briefing www.colleyville.com
File Number:
Version: 1
Requester: Community
Development
Department
File Type: Case
Agenda Date: 07/12/2007
Agenda No.: 6c
Status: Board Public
Hearing
Controlling Body: Zoning Board of
Adjustment
Final Action:
File Name: Case A-07-015- PUBLIC HEARING -Request for a variance from the regulations of the
Colleyville Land Development Code regarding front and side setback requirements on Lot 1,
Block 1 of the F.P. Powell Addition located at 2203 Oak Knoll Court
Attachments: Location and Zoning Map Application and Exhibits Site Plan
History of Legislative File
Version: Date: Acting Body: Action Text:
1 07/12/2007 Zoning Board of
Adjustment
Title
Case A-07-015- PUBLIC HEARING -Request for a variance from the regulations of the
Colleyville Land Development Code regarding front and side setback requirements on Lot 1,
Block 1 of the F.P. Powell Addition located at 2203 Oak Knoll Court
Explanation
Alicia Segal is the owner of 2203 Oak Knoll Court. The applicant is requesting a variance to
extend 25 feet into the required 40 foot front yard setback in order to construct two separate
attached garages to her house.
The designated zoning of this property is R-40 Single Family Residential, which requires the
following building lines:
Front Yard: 40 ft.
Side Yard: 15 ft.
Rear Yard: 25 ft.
The applicant is constructing the garages because the existing house has no garage. The
applicant states that the variance is required because there is no other location on the
property to build the garages. The western portion of the property is covered by a large
pond and much of the property is within the 100 year floodplain. The applicant states that
putting the garages on the south side of the property would affect the drainage of the
property and involve creating an entrance though the master bedroom that would reduce
the value of the home.
City of Colleyville Page 1 Printed on 7/6/2007
Agenda Briefing Continued
Current floodplain maps show the entire property to be within the 100 year floodplain.
However, the original building permit for the house issued by the City was approved based
on all portions of the house being above the 100 year floodplain. According to the City's
flood ordinance, garages are allowed to be built within the 100 year floodplain if they contain
openings for floodwaters to flow through. Additionally, any enclosure built within the 100
year floodplain requires plans drawn by a professional engineer.
Public Notification. Staff mailed notices to 8 property owners within 200 feet of the subject
property. To date, staff has received no letters in opposition or in favor of the case.
Summary. Given the prevalence of the 100 year floodplain in the area, the size and
configuration of the surrounding properties, the fact that Oak Knoll Court ends just past
applicant's property and the layout of the subject property, a situation exists that is peculiar
to this property. Therefore, staff feels that the applicant has a viable case for a hardship.
Recommendation
Approval.
City of Colleyville Page 2 Printed on 7/6/2007
Location and Zoning Map
4404
R-20
- __~-_ - -
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CIS of
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Communjty
^ Zoning Change ^ Preiminary Plat
^ Special-Use Permit ^ Final Plat
^ Planned Unit Development ^ Minor Ptat
^ Site & Landscape Plan ^ Amended Plat
Zoning Variance (ZBA)
^ Sign Variance (SBAy
^ Special Exception
^ Interpretation Appeal
Project Name: ~l "~ t
Project Address (Location]: ~ 0.3 ~~'- It ,~.~ ~t t;~i
~, / ~ „ n ~
Legal Description:
'C .
A
Proposed Number of Lots: Gross Acres:
Existing Zoning: ~ ~~~ Proposed Zoning:
~,~~J Pro
Existing Use: posed Use: ~
/~gliCatiOn R¢guirements: The applicant is required to submit sufficient information that descrrbes and jusfifies a proposal.
See appropriate checl~st and fee schedule for minimum requiremertfs. incomplete appNcaNons wi8 not be processed.
Applicant:
Ad
City: ~ State:, ZIP: ~~~ :/`t' Email: 1'°i ~ I ('~f ~ ~~1~'.QU' i~ ~1~c~t1tJT. C~l~t
Applicant's Status: (cledE one) ~ Owner O Representative O Tenant O Prospective Buyer
~lGtt~ ~~~GLI 9 Comp-any:
dress: t~a`(~ ~ I.Jf i ~ ~~ ~' V'T- Tel: ~ 1 1 • ~.-1 ~G •~~ ~ -1 Fax: Ui t - ~'Tol' ~ - I ~'~
Property Owner. N ~i C1 ~ L.(~~I htP Company:
Address: aA~~ ~l~- Y~.YW if~ (~'~ 7ei:~` !•- r"1~ • (-1~ 1 Fax: ~+ , ~ T'y"t~' ~~~t
city: l ~ StaterZlP: l~Gd~~' t=trail: ~IC C. eC~ ~ •~'}ltit
Ownership Status: (clrecl~ oRe) Individual O Trust O Partnership O Corporation
W
V
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V
0
SIGNATURE OF APPLICANT {SIGN AND PRINT OR TYPE NAMEJ
SIGNATURE: Date: '~ ' a
SIGNATURE OF PROPERTY OWNER (SIaN ~D PRINf OR TYPE NAME)
SIGNATURE: ~~~Jl K~-•
(Letter of authortzattori required if signature is other than prope~~~ G l+ G7 V E D
13e property owner mast aige tfse appUcatioo or satrmit a notarized k r a+tnhG7orizatioo.
~~ 0 8 2007
Per .............
C' Z ] ~ City of Colleyville
rr~...r 1~/ 100 Main Street
Collt:yville, TX 76034
1 1 207 817.503.1050
For Deparfinenfo/ Use Only
ca~~: A- 0~--0~5
Totd Fee(s): ~~~/y
Re~e~t~: 1335$2
Date Submitted- ~/
Accepted By:
...~._.._~_.._._. 1 `IZ~c~-
' c~~r o. ' City of Colleyvitle
® VARIANCE OR APPEAL APPLICATION 100 Main Street
Colleyville TX 76034
,.~i„ CHECKLIST sl~.so3.loso
- ~ •• ~ •
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.
~ '(~'tkio~„ -~
Have you applied for a building permit? ^ Yes ~'No
Have you filed an appeal or petition on this property before? ~No O Yes
1. Completely describe the variance you are requesting.
2. Do similar conditions exist in the area? Explain.
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?
Acknowledgments
1 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.
1 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. 1 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 Board's action does not constitute the approval of a building permit.
Applicant's )nitials Date ,(,~ ~ ~- 0~
2203 Oak Knoll Coact
ComQetel~describe the variance you are requesting_
The subject property, an existing two story residence with no garage on 2 acres in the
Fred P. Powell Addition at 2203 Oak Knoll Court, is currently zoned R40. Currently the
plat shows a 40' building line that runs from the southwest comer to the northeast corner
of the property (50% of the properly). The variance we are requesting is a 15' building
line on the north side of the property to accommodate gazages and off street pazking. The
property is unique in that approximately 70% of it is in the 100 year old floodplam and at
the front of the property there is a large pond that does not allow for much development
of the west part of the property. Placing the garage on the south side of the property
would place it in close proximity to our neighbor to the south. Also, placing the garage
on the south side of the structure would create an entrance into the home through the
master bathroom or master closet. This would decrease the value of the overall property
due to the unusual point of entry. Last but not least, placing the garage on the sought side
of the structure would drastically affect the drainage of the subject property and the
adjoining property
At this time we have spoken with one of the three adjoining property owners and the
neighbors directly north of the subject property. They are in agreement that a garage
would be necessary to maintain a neat outward appearance (yard equipment storage, on
street pazking, etc...) Every property on the street has a garage and storage for cars,
boats, yard equipment, etc...
Exhibit B shows the requested location of garage.
Exhibit C shows closest neighbor to proposed garage.
Do similar conditions exist in the area?
Yes, there is one similar situation that we have noticed in the area at the corner of Oak
Knoll and Bowman. (see Exhibit A) It appears that the garages for this property are 20'-
25' off the property line.
Describe how the unique conditions and circumstances do not result from your actions.
The home was originally built in 1993 with no plans for a garage. In today's market,
there are few homes that exist without a garage, attached or otherwise.
Is there any way to do what you want without this request?
Without the approval of this variance there is not another option to locate a garage
outside of the 100 year floodplain, attached or otherwise. The costs to create a suitable
building site in the floodplain for a garage would be prohibitive.
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