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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-8/14/2007City of Colleyville 100 Main Street Colleyville, Texas 7fi034 (817) 503-1000 www. Colleyville. com ~~~ ~~. t~~~.~ Meeting Agenda Tuesday, August 14, 2007 7:00 PM City Council Chambers Zoning Board of Adiustment ``° °' Cit of Colle V~~~e 100 Main Street Y Y Colleyville, Texas 76034 r~;; ~ f ~~ ` "' (817) 503-1000 \g ~~ www.colleyville.com Meeting Agenda a:; Zoning Board of Adjustment Tuesday, August 14, 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, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES July 12, 2007 5. PUBLIC HEARING AGENDA ITEMS 5a Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height in front setback requirements on Lot 1, Block 1 of the Markwood Addition located at 6214 L.D. Lockett Road, Case A-07-017 6. TABLED AGENDA ITEMS 6a 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, Case A-07-013 7. REPORTS AND COMMENTS 8. ADJOURNMENT 1 hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 8/7/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com -,,s• ,,~ ~~f ~'~~t~~~ Minutes -Draft Thursday, July 12, 2007 7:00 PM City Council Chambers Zoning Board of Adjustment ='°-~ City of Colleyville ~ `~ Minutes -Draft ~~ fr.~. Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Thursday, July 12, 2007 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. 4. 5. 6. The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on July 12, 2007 at 7:00 p.m. Present: Board members Skip Reynolds, Ed Moore, Rich Munson and Dee McNosky Absent: Board members Lisa Kenney and Uton Dellosso (Alternate 2) Staff Present: Chris Fuller, Ron Ruthven, Bill Elliott, Chad Bartee and Amy Shelley PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Board member Moore moved to approve the June 12, 2007 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Munson, Moore, McNosky Absent: 2 -Kenney, Dellosso ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBER Recording Secretary, Amy Shelley, administered the Oath of Office for the newly appointed member, Kevin Sams, Alternate 1. The new roll was called. Present: Board members Skip Reynolds, Ed Moore, Rich Munson and Dee McNosky and Kevin Sams (Alternate 1) Absent: Board members Lisa Kenney and Uton Dellosso (Alternate 2) Staff Present: Chris Fuller, Ron Ruthven, Bill Elliott, Chad Bartee and Amy Shelley AGENDA ITEMS City of Colleyville Page 1 Printed on 7/13/2007 Zoning Board of Adjustment Minutes -Draft July 12, 2007 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 Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:10 p.m. Brent Wall, the applicant, came forward to present the case and brief the Board members. Board member Reynolds questioned Mr. Wall regarding if he had pictures for the property that the variance is being requested? Mr. Wall replied yes and he put them on the overhead for viewing. Board member Reynolds questioned Mr. Wall regarding how old is the fence? Mr. Wall stated the fence is new and constructed with the house. Board member Reynolds questioned how old is the house? Mr. Wall stated not knowing when that permit was pulled. Board member Reynolds who built the house? Mr. Wall replied Dan Thomas Custom Homes. Board member Reynolds questioned Mr. Wall regarding if Dan Thomas Custom Homes has built in this area before? Mr. Wall replied yes, he believed so. Chairman McNosky questioned Mr. Wall if he bought this house? Mr. Wall replied he is not the property owner? Mr. Wall replied no, he is representing Dan Thomas Custom Homes and the property owner. Board member Reynolds questioned Mr. Wall regarding if Dan Thomas is present at the meeting? Mr. Wall replied no. Board member Reynolds questioned Mr. Wall regarding if the property owner is present at the meeting? Mr. Wall replied no. Chairman McNosky questioned staff regarding if staff has approved of Mr. Wall to represent both individuals? Ron Ruthven replied the owner has given Mr. Wall permission to speak on his behalf. He stated the owner approved the application for the variance. Mr. Wall concurred. Chairman McNosky stated staff has made a good conclusion regarding the fee will be doubled for the permit. Ron Ruthven concurred. Chairman McNosky stated this is a good solution, the fence looks very expensive. Board member Reynolds questioned staff regarding who is the owner? He stated he thought Ron Sturgeon had a different address. Chairman McNosky stated he has moved. City of Colleyville Page 2 Printed on 7/13/2007 Zoning Board of Adjustment Minutes -Draft July 12, 2007 Board member Reynolds questioned Mr. Wall regarding if Ron Sturgeon has closed on this property or is the title still with the builder? Mr. Wall replied not knowing. Board member Reynolds stated he will not vote in favor of this request not knowing who the property owner is. He stated being in favor of this being tabled. Board member Moore questioned staff regarding who approved the building permits? Ron Ruthven replied the Building Official. Board member Moore questioned staff regarding why was this fence built without permits? Bill Elliott, Building Official, replied that sometimes this will happen and staff did catch this particular fence. Board member Moore replied not liking that answer. Bill Elliott replied sometimes when new homes are being constructed, the construction of the fence will happen at the same time of the permit for the home. Therefore, when staff drives by, they assume there are permits for all construction and will not catch some of the issues until final inspections are done. He stated these large projects can last for months. Once the final inspection was done, staff caught this issue. Board member Moore questioned staff regarding will the fence permit be doubled? Bill Elliott replied correct. Board member Moore questioned who will be pay for this permit? Mr. Wall replied the builder, Dan Thomas Custom Homes. Board member Munson stated the Building Department is very diligent in doing their job. He stated it being incredulous to believe that builders do not the interest in researching what is and is not allowed in Colleyville. Board member Munson stated when security gates have permitted in the past, the Board has been cognoscente of the need for someone to pull off of the public right of way and get completely out of traffic while waiting for the gates to open. He stated this current configuration is not going to permit that to happen and that is a real issue. Board member Munson questioned Mr. Wall regarding if that has been considered and if other alternative solutions are available? Mr. Wall replied he does not know what type of or scope of work has been done in the Colleyville. He stated this is not a heavily traveled road and he stated the homeowner can easily get off of the right of way into that driveway. Board member Munson questioned Mr. Wall regarding what is the distance from the edge of pavement to the gate? Mr. Wall replied about 10 to 15 feet. Board member Munson stated vehicles are generally 18 to 20 feet in length. He stated a portion of the vehicle would be in the traveled roadway while waiting for the gate to open. Mr. Wall stated he would like to have the variance request approved. City of Colleyville Page 3 Printed on 7/13/2007 Zoning Board of Adjustment Minutes -Draft July 12, 2007 There being no one wishing to speak, the public hearing was closed at 7:28 p.m. Chairman McNosky stated this is the first time a situation like this has come before the Board were the City has established a remedy. She stated if the variance request is approved, the applicant will be fined. She stated she wanted to discourage this kind of thing since there are regulations in place. Board member Reynolds questioned who created this fine, the City Council or someone else? Bill Elliott replied this not being a new fine, this is in the International Building Code and has been a practice for many years in the building code. Board member Reynolds questioned staff regarding if it has been a practice in this City? Bill Elliott replied yes, the City has been under the International Building Code for two cycles and prior to that the Uniform Building Code which the same practice was followed. Board member Munson questioned if the person on Montclair Drive was fined that built the fence too high? Bill Elliott stated not knowing, however, it is a standard practice, to be used as a penalty for not getting a permit. Chairman McNosky stated if this fine has been in place, it has not been brought to the Board's attention. Board member Reynolds questioned staff regarding what is the cost of this permit? Bill Elliott replied not knowing. Board member Reynolds questioned staff regarding if the fine would be as much as $500? Bill Elliott replied not knowing. Board member Sams replied that is something that would be important for us to know. He stated being uncomfortable with applicants circumventing the process. Bill Elliott concurred. Chairman McNosky suggested the Board looking at this as if it had not been constructed, would this have been approved? Board member Moore stated he would have voted no. Board member Munson stated he does not see any mitigating features on the property that would prompt an approval, such as saving a tree. He stated he would not approve this as presented. Board member Reynolds stated he does not see any mitigating circumstances. He stated there are safety concerns regarding the fence and gate. He stated he would not have approved it as presented. He stated not knowing if the code has been properly adopted. City of ColleyviNe Page 4 Printed on 7/13/2007 Zoning Board of Adjustment Minutes -Draft July 12, 2007 Board member Munson discussed similar instances. Board member Sams stated he would not have approved the variance as presented. He stated the aesthetics of the fence are appealing, however, there are not mitigating factors as to why it could not have been built on the approved fence line. Chairman McNosky stated the Board seems to have the same vote. Chris Fuller stated to the Board members that it has come to staffs attention that the public hearing notification for this item stated 7:30 p.m. for the meeting time which staff was unaware of until now. He stated staff recommends tabling this item so that property owners within 200 feet may be properly notified as well as the newspaper notice and agenda postings. Board member Moore moved to table case A-07-013. Board member Munson seconded. The motion carried by the following vote: Aye: 5 -Sams, Reynolds, Munson, Moore, McNosky Absent: 2 -Kenney, Dellosso Board member Reynolds stated there are rules for a reason. He stated the builders must know that those rules are in place. He stated, to set a president for builders to build and then ask for permission and only have to pay a penalty, is not a good practice for the City. Therefore not respecting the rules in place. 6b 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 Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:39 p.m. Mary Wyant, 2405 Danbury Drive, the applicant came forward to present the case and brief the Board members. Ron Dunlap, the builder for the project, came forward to present the case and brief the Board members. Board member Reynolds questioned Mrs. Wyant regarding what is the age her mother? Mrs. Wyant replied 73 and she has had multiple City of Colleyville Page 5 Printed on 7/13/2007 Zoning Board of Adjustment Minutes -Draft July 12, 2007 surgeries on her back which enables her to go up and down stairs. Board member Reynolds stated being in favor of the request. Board member Moore questioned Mrs. Wyant regarding where will the new addition be built? Mrs. Wyant replied behind the parking area and very little will be visible from the street. Board member Munson stated the builder did a great job trying to situate the new addition on the lot. Board member Munson questioned Mrs. Wyant if there have been any drainage issues on the property? Mrs. Wyant replied they have not had any flooding issues. Board member Munson questioned Mrs. Wyant if she has talked with the neighbor? Mrs. Wyant replied no. Board member Sams questioned Mrs. Wyant regarding if the mother is in an assisted living facility? Mrs. Wyant replied yes, however with six children, they are all going to share in having her mother stay with them and avoid some of the expense with the assisted living facility. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Board member Munson moved to approve case A-07-014. Board member Reynolds seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Munson, Moore, McNosky Nay: 1 -Sams Absent: 2 -Kenney, Dellosso 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 Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:50 p.m. Leonard Segal, the applicant, came forward to present the case and brief the Board members. Chairman McNosky questioned Mr. Segal if the back part of the property is in the floodplain? Mr. Segal replied yes and stated the house was raised in order to be built. Board member Reynolds questioned Mr. Segal regarding if the garage City of Colleyville Page 6 Printed on 7/13/2007 Zoning Board of Adjustment Minutes -Draft July 12, 2007 additions will be placed on the property as depicted on the aerials? Mr. Segal replied yes. Board member Moore questioned Mr. Segal regarding if the garage will be in the flood plain area? Mr. Segal replied it will not, however there will be dirt brought in to bring it up to the same level as the house and it will be attached to the house. There being no one wishing to speak, the public hearing was closed at 7:52 p.m. Board member Moore moved to approve case A-07-015. Board member Sams seconded. The motion carried by the following vote: Aye: 5 -Sams, Reynolds, Munson, Moore, McNosky Absent: 2 -Kenney, Dellosso 7. REPORTS AND COMMENTS Jim Williams, 4700 Stafford, spoke in regards to case A-07-013. He stated he wishes to speak on this request, however, he will be out of town when the case will be held during the August 14, 2007 meeting. He stated not appreciating the fact that this builder did not get a permit to build this fence. He stated this lot appears to have become a residential estate lot. He questioned if the mail box was permitted to be built on City property? He stated the property has light poles, four, with at least five lights; tree lighting as well as flood lighting. He questioned if lighting is in conformance with the code? He stated being opposed to them doing the work without permits. 8. ADJOURNMENT The meeting adjourned at 7:59 p.m by acclamation. I hereby certify. the above agenda was posted on the bulletin boards at City Hall on Friday, July 6, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 7 Printed on 7/13/2007 ~Il\ ./ 1 f ~~ ~: ~; City of C o l l eyvi I l e Colleyvil a aTexas 76034 ~~ - % (817) 503-1000 '"'" Agenda BI"lefll'1g www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Agenda Date: 08/14/2007 Controlling Body: Zoning Board of Adjustment Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height in front setback requirements on Lot 1, Block 1 of the Markwood Addition located at 6214 L.D. Lockett Road, Case A-07-017 Attachments: Location and Zoning Map Application Survey Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 08/14/2007 Zoning Board of Adjustment Title Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height in front setback requirements on Lot 1, Block 1 of the Markwood Addition located at 6214 L.D. Lockett Road, Case A-07-017 Explanation Jimmy Labrecque is the applicant and property owner requesting a variance to build a 6-foot wrought iron fence with stone columns and an 8-foot wrought iron gate within the required front yard of the property along the side and front property lines. The proposed gate will be set back approximately 20-feet from the front property line. 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 R30-Single Family Residential and the established building line setbacks are as follows: Front Yard: 35 ft. Side Yard: 10 ft. Rear Yard: 25 ft. The applicant is requesting the variance in order match his eastern neighbor's split rail fence and for security reasons. City of Colleyville Page 1 Printed on 8/7/2007 Agenda Briefing Continued Public Notification. Staff mailed notices to 11 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. Given the estate and rural nature of the large lots and homes in the area along with the shape of the applicant's lot, staff agrees that this request will not harm the character of the neighborhood nor will it adversely affect traffic safety by blocking any views of incoming or outgoing traffic into L.D. Lockett. Recommendation Approval City of Colleyville Page 2 Printed on 8/7/2007 Location and Zoning Map 6401 6406 6404 6402 6408 R4Q } P _. ___ tM '~ ~,`~ 6304 '~''<~ - ~<`. x ~~~ tw AG R40 ~ F~ s2~s~ r~x :. z, s11a Site 312 White Dr "~~ 6206 4.' Est K~~) F~~ ,~ 6301 62Cu3 6216 6204 ,: ~~ ~ ~ 6207 6113 6114 ~~ _ ~ // E1 ~9 6~ra ~- ` 6128 ~~~ 6100 < rei~~ 8 ~~ 8 • h O ti C b ~.. M b ai'` O V +,. 0 ti • +„ a~i 0 a O C C C a Ciry of Colleyville 100 Main Street Colleyville, TX 76034 817.503.1050 Community Development Services Application ^ Zoning Change ^ Special Use Permit ^ Punned Unit bevelopment ^ Site & Landscape Plan ^ Preliminary Plat ^ Final Plat ^ Minor Plat ^ Amended Plat Project Name: 0.b ('Q,CS~ U Q.- ~ e~CQ~ ~- ~'~ 0.Te [7~ Zoning Variance (ZBA) ^ Sign Variance (SBAJ ^ Special Exception ^ Interpretation Appeal Project Address (LocationJ:L 62. ~ ~ ~.-Q ~.--oc~~.~ \ Legal Description: ~-aT ~ d ~ oc,~L ~ ~0.1f ~C,W yOG !'t ~ ~ t ~ 0~ Proposed Number of Lots: .~ Gross Acres: Z.. I Existing Zoning: ~~ ~ Proposed Zoning: F~-'~-e- ~/j Ire ~- 3S 6~'~ar'~9 ~~~ Existing Use: Proposed Use: Aapllcation Requirements: The applicant is requhed to submit sufficient information that describes and justifies the proposal. See appropriate chec[dist and fee schedule for minimum requirements. Incomplete appllcaHons w41 not be processed. Applicant: J Lv~nw~H ,--~~ r ¢-w J ~ Company: Address: ~ 2, I ~ E.-~ I~ o c.~; _ Tel: $1~ s'~-~-O~~ZFax: City: ~ ~ V 1 ~ e., _State:~.~ ZIP: -) 6 ~ ~ ~ Email: ~,m 0 CAI+v~ .Applicant's Status: (check one) ~wner ^ Representative ^ Tenant ^ Prospective Buyer Property Owner: .~ 0.1nn ~ Company: Address: Tel: Fax: City: State: ~ /ZIP: Email: Ownership Status: (check one) !Q'Individual ^ Trust 0 Partnership ^ Corporation SIGNATURE OF APPLICANT (SIGN AND P TOR TYPE NAME) q -2 SIGNATURE: Date: ~ ~ ~ / _ 0 T SIGNATURE O ROPERTY OW (SIGN AND PRINT OR TYPE NAME) For Depa+t/nm~ ental Use Ony-f Case #: /"t ~ ~r ~ f ~~bv Total Fee(sJ: Receipt #: ' ~~~ Date Submitted: 25 vl Accepted By: PubGC Hearing Dote: ~ ( JUl_, 2 3 2007 Rev: 02/07 SIGNATURE: v 1 m W1y ~°t'~re'~ y 4- (l.etter of authorization requir if signature is other than property oCw^ner) `' ~ ~ Tde property owner must sign the application or submit a notarized I~t~W Yr~rrt~orat c~~r o~ City of Colleyvill~ ® ZONING BOARD OF ADJUSTMENT - 100M~ns~~ T.=.. APPLICATION CHECKLIST ~Il~gi~. 03 os~ 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 !U~ Have you filed an appeal or petition on this property before? ~No ^ Yes 1. Completely describe the variance you are requesting. _ (~ u ~~.Aw`v, 0. ~ 1 (- ¢.y~q._ t r'pv\ rte/ s~~ ca1~ M,~ (7 > w -~~~ ;r ~-~ 6 `1~ ~ l ~ 3S` ~t ~~ ~~ 1 t - n t - . ~ ~ ,. T- 1A 'y~A e G V , _ ~' l • -~'~- L S Z. Do similar conditions exist in the area? Explain. ~t,S 1ye,~o~h 6d t ~ ~~~1C~ ~~S ~,~ ro r.~, L ~ ~o ck-e~ ~.-~ oxc~ C"il r R.s ~ ~ e-~c. /l~.m.sn ~ ~ w ah l~ ~"o v~l e~.~X l5 hv~ C~ r1Za h h' C I O r ~a~ u 3. Describe how~e uniqu~ conditrions or circu s nce o no~~esult~fro your actions. / V Q.~q~ ~1Q t' a S ~ Q..~IIG~ ~~, ~ 2SLV1 ~f ~.. ~ !~ ~RQN~ U ~/ Q.~I~.S 4. Is there any way to do what you want without this request? ~ © ~.e ~ c~ ,(~ ~ @ Z ~ ~ ~~aw~ ~ ~~.~ i Thy reR..co~ 1~we waK'f a 6 T / D~:h~ it ~o c1~~,1 ~~~ Fiow~ Cr~w~~v~e_ W i -h U~,~il~c,~ , ctv~r/ ~ Yoci~ Oy1 CJUF D~afaR.1 wHi c.~ scxut~ +~~ ~,.IFe rt- r'v,ans vv~ s Arr nki',~ s4s ~cw. 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 al! 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, 1 must obtain a building permit from the City before any work is started on the property, and that the Zoning Bloard of Adjustment action does not constitute the approval of a building permit. Applicant's Initials ~C- Date ~' ~9 -d ~} 9~E ~ gRtq a°°~ ~e y e9a ~ E 9!g@ 8 ~g3 ~~ i~ ~~ e~ a~~~ e" ~~~~~~ ? ~s ~3 °j~~~~~ 3~~ ° ~ ~~ ~~ ~~ 7? t ~ ~~~~~~ s6:'e~ € ~i~~ ~~ ~a ~A @y 6~,. ~9 ~~` ~ i ~~ a ~ 1 ~ ~~ 3 Q \\\ Q ,°eba \ ~1..,. \ P3~ "~ ~ \ d tai \ l °'°y \ 3 \ \ ~~" \ ` fe. ~~e ~~ \ \. ~~ =~ ~ ~ .~_ _~~ ~ a _ ~ ~ ~ y~~ H• ; ' ~ a E~$ ~~ E a a ~ ' F p ~ ~ ci p + ~3il~ig! ~ ~ ~ ~ GE ~~~ i~ ~~~~ ~~ ~ s ~l ~ ~ ~~~~] ] 3p Z 3~~~ ~~~ a Ei ~ ~ ~ c nn & ~ ~ ~ o~y : i ` i~i~ ,Si s~d~~ i~!! i i iie~~ ec fi 3~L~~ c c ~ F~~ ~~ / ` '~.K. \ 'p.. ~- ~ a ~ t \ ~. `'=r .. '~°.v \\ ~ ~ a ' k a 's ~ ~ ~§ \ \~ ~ 5 ~i~ ;~' o; sa s i C, I. _._ i _ I i ? + --.;. ~ :___ ~ ~ .:~.~. --~----r---~-- .;-- i ,,,_.__ ._._... ._s.__..., _....,. _.., .. __ _....._~___- -~-.. _._ i i i i i ! .....i...._._.;....._._L_...__..'....._ ~_ 4 `~ City of Colleyville ColleyvO~ille,Texas76034 (E17) 503-1000 r-~°~'~ Agenda Briefing ~~colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 08/14/2007 Agenda No.: 6a Final Action: File Name: 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, Case A-07-013 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 1 08/14/2007 Zoning Board of Adjustment Title 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, Case A-07-013 Explanation Update This item was tabled at the previous Zoning Board of Adjustment meeting on July 12, 2007. The following questions were asked by the Board at the previous meeting: (1) Is the mail box for this property legal? The fence around the mailbox is not allowed and is currently being handled by Code Enforcement as aright-of--way encroachment issue. However, mailboxes are allowed to locate across the street from the address that they serve and all mailboxes on Stafford Drive are located on the east side of the street. (2) Was the lighting on the property permitted and does it meet code? There are no specific permits for lighting on single family properties. Lighfing must not create a nuisance by shining directly on someone else's property. The lighting of this property appears to meet code. Status: Board Tabled Items Controlling Body: Zoning Board of Adjustment (3) What is the height of the fence and the front gate? 8 feet at its highest point. City of Colleyville Page 1 Printed on 8/6/2007 Agenda Briefing Continued Otherwise between 6 and 7 feet. (4) How far is the fence from the street? Does the gate comply with traffic regulations? The fence is approximately 17 feet from the street and does not appear to encroach onto Stafford Drive right-of-way. Although the gate complies with traffic regulations, an average size automobile would block part of Stafford Drive while waiting for the gate to open. 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 R40 and the established building line setbacks are as follows: Front Yard: 40 ft. Side Yard: 15 ft. Rear Yard: 25 ft. 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. Staff suggests, however, that the gates be moved back at distance that would to allow. a large vehicle not block any part of Stafford drive while waiting for the gate to open. 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 and that the gates be moved back a minimum of 10 feet from the front property line in order to allow a car to safely queue without blocking any part of Stafford Drive. City of Colleyville Page 2 _ Printed on 8/6/2007 Location and Zoning Map R-20 304' 1308 1312 RD 1313 305 1309 AG 4603 a6or, Site d600 R-40 d613 46~ ~ asoe 4601 4ECX] R~70 4509 45~~ 4508 1304 1308 EXAN RA t3t2 1305 1309 R-20 4;~A lsao --- ~- ---~ K F~~ 4683 4601 R-40 4tii1 4E1 a~o6 1 16~ lsoa ~, - -_-~ Lam- --- 1G09 R-~ 0 C~~Y uI Tez.• 3 ~~ 3 • h O ti 0 h n • • +r 0 i C C ~C Z • W sV 7- W 0 v 0 City of Colleyville 100 Main Street Colleyvillq TX 76034 817.503.1050 Community Development Services Application ^ Zoning Change ^ Preliminary Plat IQ Zoning Variance (ZBAj ^ Special Use Permit ^ Final Plat ^ Sign Variance (SBAj ^ Planned Unit Development ^ Minor Plat ^ Special Exception ^ Site 8~ Landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: Project Address (Location}: Legal ,Description: ~ ~G Proposed Number of Lots: ~ Gross Acres: _ Existing Zoning: 1~. `~'~J Proposed Zoning: _ Existing Use: ~„~ Proposed Use: ApoliCt7tion Requirements: The applicant is required to submit sufficient information that describes and justifies the proposal. See appropriate checWlst and fee schedule for minimum requirements. Incomplete applicotlons wltl not be processed. City: ~~" ~b\ "~`1 l State ZIP: ~' J 33 ~pwa.1,1(a~ rn~ruG~~ -~ Property Owner: d' h(~.~.~ J~~~-u~ Company: ~; Address: ~ 70 7 ~~.1~D~ ~2 Tel: D'/ ~ 9LJ' ~fz ~~ Fnax: S /~ ~~aP~~77 City: r State ZIP: Email: ~~S~~.eD.l'/.JI/F.$ki£./ll Ownership Status: (check one) V.d llldividual ^ Trust ^ Parhiership ^ Corporation SIGNATURE OF APPLICANT (SI~GNr-A-ND PRINT OR TYPE NAME] SIGNATURE: C~ " Date: ~ SIGNATURE OF P OPERTY OW R (SIGN AND PRINT OR TYPE NAME) SIGNATURE: ~~~ ~ ZL+ (Letter of authorization req d if signature is other than property owner RECI~IVED The property owner must sign the application or submit a notarized letter of authorization. MAY 2 5 2007 ~CoQ~fm?pany:lh,Q~f) \Sr.J~( 'fel: ( Fax: For Departmental Use Only Case #: Total Fee(s): Receipt #: Date Submitted: Accepted By: Public Hearing Date: ;Per ..........ems: 02~0~ Applicant's Status: (check o„e) ^ Ovrner l~ Representative O Tenant ^ Prospective Buyer ~,.r e. City of Colleyvil ® VARIANCE OR APPEAL APPLICATION ~ too Main Stre Colteyville TX 760: CHECKLIST st7.so3_to: Tei~• ~ ~' • 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? Yes ^ No Have you filed an appeal or petition on this property before? ~No ^ Yes 1. Completely describe the variance you are requesting. ~~,~~t~ ~+~~~_~rt~/~7~~T-~-- 2. Do similar conditions exist in the area? Explain. ~~?~ ?~~,l.~c~ ~L1--C ©,~~Li,/~2~~ i, 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? J(~p ~~~ ~.~ ~~t/i~~. J?~% 12:y'v!/fr.J ~.5 .~G!r ,.~'~ 'Td ~ ?~l'~~ //Y'f~d T{~7! f~i'~2/!/.Gf~~ ~~~~ ~~~~ Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that ! am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. 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 Board's action does not constitu the approval of a building permit. Applicants Initials ~ Date Notification List OWNER_NAME Bassett, Mary C Crabtree, Thomas Jr Etux Carol McNutt, Gerald L Molder, Judith Ellen Stewart, Jeffrey A Etux Lori A Sturgeon, Ron Etux Kathi Williams, James P & Agnes Zikos, John Brent Wall, Metrocode, applicant OWNER OWNER OWNER _ZIP SITUS_ADDR 76034 004609 Stafford Dr 76034 004606 Stafford Dr 76034 004601 Stafford Dr 76034 004509 Stafford Dr 76034 004508 Stafford Dr 76034 004600 Stafford Dr 76034 004700 Stafford Dr 76034 001404 Oak Knoll Dr 76102 applicant OWNER_ADDR _CITY _STATE 4609 Stafford Dr Colleyville TX 4606 Stafford Dr Colleyville TX 4601 Stafford Dr Colleyville TX 4509 Stafford Dr Colleyville TX 4508 Stafford Dr Colleyville TX 1707 Cheek Sparger Rd Colleyville TX 2906 Edgewood Ln Colleyville TX 1404 Oak Knoll Dr _Colleyville TX 2630 W. 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